Australian Capital Territory Representation Regulations

Statutory Rules

1974 No. 62

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

TABLE OF PROVISIONS

Part I—Preliminary

1. Citation

2. Application of regulations

3. Interpretation

Part II—Administration

4. Returning Officers

5. Assistant Returning Officers

6. Electoral Registrar

Part III—Rolls of Electors

7. Rolls of electors

8. Rolls to be printed

9. Rolls to be available for inspection and sale

10. Officers and others to furnish information

Part IV—Qualifications and Disqualifications for Enrolment and for Voting

11. Persons entitled to enrolment

12. Persons entitled to vote

13. Disqualified persons

14. Certain members of the Defence Force entitled to vote

Part V—Enrolment

15. Enrolment, transfer of enrolment and alteration of enrolment

16. Compulsory enrolment and change

17. Procedure in case of offence

18. Action upon receipt of claim, notification or application

19. Reference of claim

20. Formally defective claim

21. Action upon receipt of notice of transfer

22. Alteration of Roll

23. Closing of Roll for election

24. Deaths and marriages to be notified

25. Convictions to be notified

26. Officer to act on information

Part VI—Objections and Appeals

27. Forms of notice of objection

28. Notice to person against whom objection is made

29. Manner of answering objection

30. Notice of determination of objection

31. Appeal to Court

Part VII—Writs for Election, and Nominations

32. Application of Electoral Act

33. Form of Writ

34. Duty of Returning Office on receipt of Writ

35. Nomination of candidates

Table of Provisions—continued

Part VIII—Voting by Post

36. Application of Electoral Act

37. Application for postal vole certificate and postal ballot-paper

38. Postal vote certificate and postal ballot-paper

39. Postal ballot-box

Part IX—The Polling

40. Application of Electoral Act

41. Polling places

42. Ballot-boxes

43. Certified list of voters

44. Ballot-papers

45. Electors entitled to vote

46. Where electors may vote

47. Questions to be put to voter

48. Right of elector to receive ballot-paper

49. List of voters to be marked

50. Vote of person whose name has been omitted or struck out of certified list or cannot be found on Roll

51. Vote of person whose name on certified list has been marked

52. Vote to be enveloped and deposited in ballot-box

53. Compulsory voting

54. Proceedings in a Court

55. Court to consider elector’s reply

56. Proceedings where elector has failed to reply

Part X—The Scrutiny and Return of the Writs

57. Preliminary scrutiny of postal votes

58. Preliminary scrutiny of votes recorded under regulations 50 and 51

59. The scrutiny—general

60. Scrutiny prior to receipt of all ballot-papers, &c.

61. Recount

62. Return of Writ

Part XI—Miscellaneous

63. Returns of expenses, &c.

64. Undertaking by officers and scrutineers

65. Official mark

66. Withdrawal of nomination

67. Sealed parcels to be preserved

68. Forms

69. Application of the Commonwealth Electoral Act

SCHEDULE 1

Forms

SCHEDULE 2

Modifications of the Commonwealth Electoral Act 1918-1973 in its application in the Territory

Statutory Rules

1974 No. 62

REGULATIONS UNDER THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Australian Capital Territory Representation (House of Representatives) Act 1973.

Dated this nineteenth day of April, 1974.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

F. M. DALY

Minister of State for Services and Property.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

Part I—Preliminary

Citation.

1. These Regulations may be cited as the Australian Capital Territory Representation Regulations.

Application of regulations.

2. The application of these Regulations is subject to sub-section 3 (2) of the Territory Representation Act.

Interpretation.

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

“ Commonwealth Electoral Act ” means the Commonwealth Electoral Act 1918-1973;

“ Division ” means an Electoral Division into which the Territory is divided;

“ election ” means an election of a member of the House of Representatives for a Division of the Territory;

“ elector ” means a person whose name appears on a Roll;

“ officer ” includes a person who is an officer for the purposes of the Commonwealth Electoral Act and an officer, registrar, clerk or doorkeeper appointed under that Act in its application in the Territory;

“ Returning Officer ” means the Returning Officer for a Division;

“ Registrar ” means the Electoral Registrar for a Division and includes the Returning Officer for that Division acting as Registrar;

“ Roll ” means the Roll of electors for a Division;

“ Territory Representation Act ” means the Australian Capital Territory Representation (House of Representatives) Act 1973.

(2) In these Regulations, any reference to a Form shall be read as a reference to a Form in Schedule 1.

* Notified in the Australian Government Gazette on 19 April 1974.

Part II—Administration

Returning Officers.

4. There shall be a Returning Officer for each Division who shall be charged with the duty of giving effect to the provisions of the Territory Representation Act, the Commonwealth Electoral Act in its application in the Territory, and these Regulations, within and for his Division, subject to the direction of the Chief Australian Electoral Officer.

Assistant Returning Officers.

5. (1) The Chief Australian Electoral Officer may appoint a person to be an Assistant Returning Officer—

(a) for a portion of a Division; or

(b) at a place outside Australia.

(2) A person appointed to be an Assistant Returning Officer for a portion of a Division may, subject to the control of the Returning Officer, perform the functions and exercise the powers of the Returning Officer in, or in relation to, that portion.

(3) A reference in these Regulations or in the Commonwealth Electoral Act in its application in the Territory to the performance of a function or the exercise of a power by a Returning Officer shall be read as including a reference to the performance of the function or the exercise of the power by an Assistant Returning Officer by virtue of the last preceding sub-regulation.

(4) A person appointed to be an Assistant Returning Officer at a place outside Australia may, subject to the control of the Chief Australian Electoral Officer, perform such functions and exercise such powers as are conferred on an Assistant Returning Officer at a place outside Australia by these Regulations, or by the Commonwealth Electoral Act in its application to and in relation to an election in respect of a Division.

Electoral Registrar.

6. (1) The Chief Australian Electoral Officer may appoint an Electoral Registrar to keep the Roll for a Division, who shall be subject to the direction of the Returning Officer.

(2) The Returning Officer for a Division shall act as Registrar for that Division if no Registrar has been appointed and may, by virtue of his office, so act during any absence from duty of the Registrar.

Part III—Rolls of Electors

Roll of electors.

7. (1) There shall be a Roll of electors for each Division, which may be in accordance with Form 1 and shall contain the particulars indicated therein.

(2) The first Roll, for each of the Divisions into which the Territory is divided shall be compiled by transferring from the Roll of electors for the Australian Capital Territory as existing immediately before the commencement of these Regulations the names of the persons who live in those respective Divisions and the particulars shown in relation to each of those persons.

Rolls to be printed.

8. (1) A Roll shall be printed whenever the Minister so directs.

(2) The Chief Australian Electoral Officer shall, whenever necessary, cause a Supplementary Roll, containing additions since the Roll was last printed, to be printed for the purposes of an election.

Rolls to be available for inspection and sale.

9. (1) The Roll kept by a Registrar shall be open for public inspection without fee at his office at all convenient times during his ordinary office hours.

(2) A person may inspect or purchase a copy of the latest printed Roll and Supplementary Roll (if any) for a Division at the office of the Returning Officer for the Division.

(3) The price at which a Roll referred to in the last preceding sub-regulation may be purchased is that specified in the following Table:—

TABLE

Officers and others to furnish information.

10. All officers in the Australian Public Service and all occupiers of habitations shall upon application furnish to a Returning Officer or to any officer acting under his direction all such information as he requires in connexion with the preparation, maintenance or revision of the Roll kept by him.

Part IV—Qualifications and Disqualifications for Enrolment and for Voting

Persons entitled to enrolment.

11. Subject to the disqualifications set out in this Part, a person not under 18 years of age, whether male or female, married or unmarried—

(a) who is a British subject;

(b) who has lived in Australia for six months continuously; and

(c) who lives in a Division and has so lived for a continuous period of not less than one month immediately preceding the claim for enrolment,

shall be entitled to enrolment on the Roll for the Division in which he lives subject to the provisions of Part V of these Regulations.

Persons entitled to vote.

12. A person whose name is on the Roll for a Division and whose real place of living is, or at some time within three months immediately preceding the polling day was, in the Division shall, subject to the Territory Representation Act, the Commonwealth. Electoral Act in its application in the Territory and these Regulations, be entitled to vote at an election, but a person shall not be entitled to vote more than once at any election.

Disqualified persons.

13. (1) A person who is of unsound mind, or attainted of treason, or who has been convicted and is under sentence for any offence punishable under the Saw of any part of the Queen’s dominions by imprisonment for one year or longer, shall not be entitled to have his name placed on or retained on a Roll, or to vote at any election.

(2) A person who is—

(a) the holder of a temporary entry permit for the purposes of the Migration Act 1958-1973; or

(b) a prohibited immigrant under that Act,

is not entitled to enrolment on a Roll.

Certain members of the Defence Force entitled to vote.

14. (1) Where a member of the Defence Force who is on service outside Australia and ordinarily lived in a Division immediately before his departure from Australia is not an elector and is not enrolled on the Roll of electors for a State or for the Northern Territory but—

(a) is not less than 18 years of age;

(b) has lived in Australia for six months continuously; and

(c) is a British subject,

the member shall, for the purposes of these Regulations, be deemed to be an elector and, subject to regulation 13 of these Regulations, is entitled to vote at elections as if his name appeared on the Roll for the Division in which the place at which he ordinarily lived is included.

(2) For the purposes of the last preceding sub-regulation, a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of the Defence Force and on service with that part of the Defence Force.

Part V—Enrolment

Enrolment, transfer of enrolment and alteration of enrolment.

15. (1) Names may be added to a Roll pursuant to claims for enrolment or transfer of enrolment.

(2) The form of claim for enrolment or transfer of enrolment, or notification of a change of address by a person qualified for enrolment, may be in accordance with Form 2, and shall be signed by the claimant with his personal signature and attested by a person whose name appears on a Roll, or on the Roll of electors for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll who shall sign his name as witness in his own handwriting.

(3) An elector may apply for the alteration or correction of the entry in the Roll of his name or particulars of enrolment, not being a change of address, in accordance with Form 2, or in such other form signed by the applicant, as the Registrar approves.

Compulsory enrolment and change.

16. (1) Any person who is entitled to enrolment on a Roll and whose name is not on the Roll, shall forthwith fill in and sign a claim in accordance with Form 2 and shall send or deliver the claim to the Registrar by whom the Roll is kept.

(2) Any person who is entitled to have his name placed on the Roll for a Division, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of 21 days from the date upon which he became so entitled, or at any subsequent date while he continues to be so entitled, shall be guilty of an offence unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the Registrar by whom that Roll is kept a claim in accordance with Form 2 duly filled in and signed.

(3) Any elector who changes his place of living from one address to another address within a Division and who, at any time after the expiration of 21 days after the date of making the change, has failed to notify the Registrar for that Division in accordance with Form 2 of his new address, shall be guilty of an offence.

(4) A person who is guilty of an offence against this regulation is punishable upon conviction:—

(a) in the case of a first offence—by a fine of not less than One dollar and not more than Four dollars; or

(b) in any other case—by a fine of not less than Four dollars and not more than Ten dollars.

Procedure in case of offence.

17. (1) The Registrar for a Division shall, if satisfied that a person entitled to enrolment on the Roll for that Division has failed to comply with the requirements of regulation 16 of these Regulations, notify him of such failure in accordance with Form 5 and inform him that he may reply by declaration in accordance with Form 6 setting out any facts relevant to the matter and that he has the option of having the matter dealt with either by the Returning Officer for that Division or by a Court of summary jurisdiction.

(2) Any person to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Returning Officer and who is prepared to abide by the decision of that officer may within such time as is specified in the notification notify the Registrar in accordance with Form 7.

(3) Upon the receipt from a person who has failed to comply with the requirements of regulation 16 of these Regulations of a notification consenting to the matter being dealt with by the Returning Officer and undertaking to abide by the decision of that officer, the Registrar shall consider the statements contained in the declaration (if any) furnished by the person, make such further inquiry as he deems necessary, and, unless he decides to withdraw the case, submit the notification, and declaration (if any), to the Returning Officer.

(4) The Returning Officer shall, upon the submission of a notification and declaration (if any) in pursuance of the last preceding sub-regulation, consider all the facts and, if satisfied that the person concerned has contravened any of the provisions of regulation 16 of these Regulations, he may make an order imposing upon that person a fine of One dollar for a first offence and a fine of Four dollars for any subsequent offence, and in that case shall notify the person concerned in accordance with Form 8.

(5) The Chief Australian Electoral Officer may review any order made by the Returning Officer in pursuance of the preceding sub-regulation and may, if he is of opinion the circumstances justify such action, remit the fine imposed by the order.

(6) Where any person to whom a notification in accordance with Form 8 has been sent fails, within twenty-one days after the date of notification, to pay to the Returning Officer the amount of the fine imposed upon him, his consent to have the matter dealt with by the Returning Officer shall be deemed to be of no effect and that officer may revoke the order made by him.

(7) Where a person to whom a notification pursuant to sub-regulation (1) of this regulation has been sent fails, within the time specified in the notification, to reply thereto, or does not, within that time, consent to the matter being dealt with by the Returning Officer, or, if he has so consented, and having failed within the time allowed for payment to pay the amount of the fine imposed upon him by the Returning Officer, his consent has been deemed to be of no effect and the order of the Returning Officer has been revoked, the Registrar shall, if he is satisfied that the person has contravened the provisions of regulation 16 of these Regulations, cause proceedings to be instituted against him in a Court of summary jurisdiction.

(8) In any case where proceedings in respect of a contravention of regulation 16 of these Regulations are instituted in a Court of summary jurisdiction the Registrar shall cause any declaration received in pursuance of this regulation from the person concerned to be brought to the notice of the Court, and the Court shall, at the hearing of the case, consider the declaration (whether the defendant is present or not) as if the matter therein set out has been given in evidence before it.

Action upon receipt of claim, notification of application.

18. Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within a Division, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and, if the claim, notification or application is in order and he is satisfied that the claimant is entitled to be enrolled or to have his name transferred or the particulars of his enrolment altered or corrected, as the case requires, the Registrar shall forthwith—

(i) enter on the Roll kept by him the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires;

(ii) notify the claimant in accordance with Form 3 that his enrolment has been effected or adjusted as required; and

(iii) in the case of a transfer of enrolment, give notice of the transfer, in accordance with Form 4, to the Registrar keeping the Roll from which the elector’s name has been transferred.

Reference of claim.

19. (1) If, on receipt of a claim, the Registrar for a Division is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim, the Registrar shall refer the claim to the Returning Officer for the Division for his decision.

(2) The Returning Officer shall, after he has made such inquiry as is necessary to enable him to decide the claim, return the claim to the Registrar, with a notification 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 enrol the claimant and notify him in accordance with Form 3 accordingly.

(4) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the Claim, the Registrar shall notify the claimant that his claim has been rejected, specify the reason for the rejection, and advise the claimant that he is entitled, at any time within one calendar month after the receipt of the notification, to appeal to a Court of summary jurisdiction for an order directing that his name be added to the Roll.

Formally defective claim.

20. Upon receipt of a claim which is not in order by reason of some formal defect only, the Registrar shall notify the claimant of the nature of the defect and—

(a) return the claim to him for completion or correction; or

(b) furnish him with a fresh form of claim for completion.

Action upon receipt of notice of transfer.

21. Upon receipt of a notice in accordance with Form 4 in Schedule 1 to these Regulations, Form 4 in the Schedule to the Electoral and Referendum Regulations or Form 4 in the Schedule to the Northern Territory Electoral Regulations of the transfer of the enrolment of an elector whose name appears on the Roll kept by him, the Registrar shall forthwith remove the elector’s name from the Roll.

Alteration of Roll.

22. In addition to other powers of alteration conferred by these Regulations, the Registrar by whom a Roll is kept may alter the Roll by—

(a) correcting any mistake or omission in the particulars of the enrolment of an elector;

(b) removing the name of any deceased elector;

(c) removing the superfluous entry where the name of the elector appears more than once;

(d) reinstating any name removed by mistake; or

(e) removing a name by direction of the Returning Officer where the Returning Officer is satisfied the elector has ceased to be qualified for enrolment on the Roll and has secured enrolment on a Roll, or on the Roll of electors for a State or for the Northern Territory.

Closing of Roll or election.

23. Notwithstanding anything contained in this Part—

(a) claims for enrolment or transfer of enrolment received by a 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 the polling at the election; and

(b) except by the authority and direction of the Returning Officer, no name shall be removed from the Roll nor any alteration in the particulars of the enrolment of an elector be made therein, 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 the election.

Deaths and marriages to be notified.

24. The Registrar of Births, Deaths and Marriages for the Territory shall, as soon as practicable after the beginning of each month, forward to the Chief Australian Electoral Officer—

(a) a list of the names, addresses, ages and dates of death of all persons aged 18 years or over whose deaths have been registered in the Territory during the preceding month; and

(b) particulars of all marriages of brides aged 18 years or over which have been registered in the Territory during the preceding month.

Convictions to be notified.

25. The Registrar of the Supreme Court of the Territory shall as soon as practicable in each case notify the Chief Australian Electoral Officer of the name and address of any person who has been convicted in the Territory and is under sentence for any offence punishable by imprisonment for one year or longer.

Officer to act on information.

26. The Chief Australian Electoral Officer shall, upon receipt of information pursuant to the last two preceding regulations, take action under these Regulations to ensure that such alterations of the appropriate Roll as are necessary are made.

Part VI—Objections and Appeals

Forms of notice of objection.

27. (1) The notice of objection lodged by an elector or officer—not being the Registrar—in respect of a name on a Roll may be in accordance with Form 9.

(2) The notice of objection lodged by the Registrar in respect of a name on the Roll kept by him and the direction of the Returning Officer may be in accordance with Form 10.

Notice to person against whom objection is made.

28. The notice to be forwarded by the Returning Officer to a person whose name has been objected to may be in accordance with Form 11 or Form 12 as the case requires.

Manner of answering objection.

29. Any person against whom an objection has been lodged or made may answer the objection—

(a) by attending before the Returning Officer 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 a statement in writing to show that the objection is not good.

Notice of determination of objection.

30. (1) Upon determining an objection the Returning Officer shall send notice of his decision in accordance with Form 13 to the objector if the objector is not the Registrar, and to the person objected to if that person has answered the objection.

(2) Where the objector is the Registrar notice of the decision on the objection shall be given in the endorsement on Form 10.

Appeal to Court.

31. (1) An application under Part IX of the Commonwealth Electoral Act in its application in the Territory to a Court of summary jurisdiction may be made in writing in the form of a complaint setting out the material facts and asking that the Returning Officer for the Division be summoned to answer the complaint.

(2) Upon the complaint being lodged with him the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the Objection, as the case requires.

(3) The Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the Court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.

(4) The Returning Officer or the person representing him shall, at the hearing, be entitled to be heard.

Part VII—Writs for Election, and Nominations

Application of Electoral Act.

32. In the application of Parts X and XI of the Commonwealth Electoral Act to and in relation to an election in respect of a Division any reference to an election of a member of the House of Representatives shall be read as a reference to an election.

Form of Writ.

33. Subject to the provisions of the preceding regulation and the substitution of the words “ Electoral Division of                            in the Australian Capital Territory ” for the words “ Electoral Division of              in the State of ” the writ for an election may be in accordance with Form 8 in the Schedule to the Commonwealth Electoral Act.

Duty of Returning Officer on receipt of Writ.

34. On the receipt of a writ, the Returning Officer shall endorse thereon the date of its receipt and shall advertise the receipt and particulars in a newspaper circulating in the Territory.

Nomination of candidates.

35. (1) The nomination of a candidate may be in accordance with Form 14 and shall—

(a) name the candidate, his place of residence and occupation; and

(b) be signed by not less than 6 persons entitled to vote at the election for which the candidate is nominated.

(2) The place of nomination shall be the office of the Returning Officer for the Division in which the election is to be held and the hour of nomination shall be twelve o’clock noon on the day of nomination.

Part VIII—Voting by Post

Application of Electoral Act.

36. (1) In the application of the provisions of Part XII of the Commonwealth Electoral Act in an election any reference to the State or Division for which the elector is enrolled (howsoever expressed) shall be read as a reference to the Territory or to a Division, as the case requires.

(2) A reference to an elector by virtue of section 39a of the Commonwealth Electoral Act in the provisions of sub-section (1) or (2) of section 85, or to electors who are electors by virtue of the first-mentioned section in the provisions of sub-section (1) of section 91, of the Commonwealth Electoral Act in their application in the Territory shall be read as a reference to an elector by virtue of regulation 14 of these Regulations and to electors who are electors by virtue of that regulation, respectively.

(3) The provisions of sub-section (2) of section 92 of the Commonwealth Electoral Act shall not apply in an election.

Application for postal vote certificate and postal ballot-paper.

37. (1) An application for a postal vote certificate and postal ballot-paper—

(a) may be made—

(i) where the applicant is an elector whose name appears on the Roll—in a form in accordance with Part A of Form 15; and

(ii) where the applicant is an elector by virtue of regulation 14 and is not less than 18 years of age—in a form in accordance with Part B of Form 15; and

(b) shall be made to the Returning Officer for the Division in which the election is to be held or—

(i) if the applicant has reason to believe he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at the election—to the Divisional Returning Officer for an Electoral Division of a State or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2) of section 26 of the Commonwealth Electoral Act ; or

(ii) if the applicant is within the Northern Territory of Australia—to the Returning Officer for that Territory; or

(iii) if the applicant is temporarily outside Australia—to an Assistant Returning Officer at a place outside Australia.

(2) An application shall be deemed not to have been duly made if it reaches the officer to whom it is made—

(a) where the officer is at a place in Australia—after eight o’clock in the evening of polling day reckoned according to standard or legal time at that place; or

(b) in any other case—after the close of the poll for the election.

Postal vote certificate and postal ballot-paper.

38. (1) The postal vote certificate may be in accordance with Form 16 and may be printed on an envelope addressed to the Returning Officer for the Division in which the election is to be held.

(2) The postal ballot-paper may be in accordance with Form 17.

(3) Before issuing a postal ballot-paper, the Returning Officer, Divisional Returning Officer, Registrar or Assistant Returning Officer shall, if the particulars are not already printed thereon insert in the ballot-paper the name of the Division and—

(a) the numbers required to complete the “ Directions ”; and

(b) the full names of all the candidates in alphabetical order according to their surnames.

(4) When a postal vote certificate and postal ballot-paper is issued to an applicant elector a copy of the “ Directions to Elector and Authorized Witness ” authorized by the Chief Australian Electoral Officer shall be enclosed therewith.

Postal ballot-box.

39. (1) The Returning Officer for the Division, in which the election is to be held shall keep a locked and sealed ballot-box with the words “ Postal Ballot-box ” marked theron and shall place and keep therein until the scrutiny all envelopes bearing a postal vote certificate and purporting to contain a postal ballot-paper relating to the Division which—

(a) are delivered to him prior to the close of the poll; or

(b) are received by him through the post up to the end of the period of ten days immediately succeeding the close of the poll.

(2) Before placing in the postal ballot-box any envelope which is received through the post after the close of the poll and which does not bear evidence sufficient to satisfy him that the vote contained in the envelope was recorded before the close of the poll, the Returning Officer shall endorse on such envelope the date of its receipt and initial such endorsement.

Part IX—The Polling

Application of Electoral Act.

40. The provisions of section 113 of the Commonwealth Electoral Act do not apply in an election.

Polling places.

41. The Chief Australian Electoral Officer may, by notice in the Gazette—

(a) appoint such polling places for a Division as he thinks necessary; and

(b) abolish any polling place.

Ballot-boxes.

42. (1) Each polling place shall be provided with the necessary ballot-box or ballot-boxes.

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

Certified list of voters.

43. The certified list of voters to be used by the Presiding Officer at a polling place shall be a copy of the Roll for the Division certified by the Returning Officer for the Division.

Ballot-papers.

44. Ballot-papers to be used by electors voting at a polling place may be in accordance with Form 18.

Electors entitled to vote.

45. The Roll for a Division in force at the time of an election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector of the Division unless he shows by his anwsers to the questions prescribed by regulation 47 that he is not entitled to vote.

Where electors may vote.

46. An elector of a Division (not being a person who is an elector by virtue of regulation 14) is entitled to vote on polling day at a polling place within or for the Division.

Questions to be put to voter.

47. (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?

(ii) Is your real place of living within the Division of (here state name of Division)?

(iii) (if the last preceding question is answered in the negative)—Was your real place of living at any time within the last three months within that Division?; and

(b) may, and at the request of any scrutineer shall, also put all or any of the following questions:—

(iv) Are you of the full age of 18 years?

(v) Are you a British subject?

(vi) Are you qualified to vote? and

(c) may, and at the request of any scrutineer shall, also put to any person claiming to vote whose name appears on the certified list of voters the following question:—

(vii) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters?

(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;

(c) does not answer the question numbered (ii) absolutely in the affirmative when put to him, or, if he answers that question in the negative, does not answer the question numbered (iii) absolutely in the affirmative when put to him;

(d) does not answer the questions numbered (iv), (v), (vi) and (vii) 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.

(4) In this regulation the words “ real place of living ” include the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat

Right of elector to receive ballot-paper.

48. (1) The Presiding Officer or a Poll Clerk shall at the polling hand to each person claiming to vote a ballot-paper, duly initialled by the Presiding Officer, if the name under which he claims to vote is on the certified list of voters and—

(a) his right to vote is not challenged; or

(b) 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 scrutineeer 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 questions specified in paragraphs (b) and (c) of sub-regulation (1) of regulation 47 of these Regulations, his right to vote shall be deemed to have been challenged.

List of voters to be marked.

49. Immediately upon handing the ballot-paper to the person claiming to vote, the Presiding Officer or Poll Clerk shall place a mark against the person’s name on the certified list of voters if his name is on that list.

Vote of person whose name has been omitted or struck out of certified list or cannot be found on Roll.

50. When any person who is entitled to be enrolled on the Roll for a Division claims to vote at an election and his name has been omitted from or struck out of the certified list of voters owing to an error of an officer or a mistake of fact or when any person who is enrolled on the Roll claims to vote at an election and his name cannot be found by the Presiding Officer on the certified list of voters, he may, subject to these Regulations, be permitted to vote if—

(a) in the case of a person whose name has been omitted from the certified list—

(i) he sent or delivered to the Registrar for the Division a duly completed claim for enrolment or transfer of enrolment as the case requires and the claim was received by the Registrar before the issue of the writ for the election; and

(ii) he did not after sending or delivering the claim and before the issue of the writ become qualified for transfer of enrolment to the other Division, to a Subdivision of a State or to a District of the Northern Territory; or

(b) in the case of a person whose name has been struck out of the certified list—

(i) his name was not to the best of his knowledge removed from the Roll owing to objection, transfer or duplication of enrolment, or disqualification; and

(ii) he had from the time of his enrolment to the date of the issue of the writ for the election continuously retained his right to such enrolment; or

(c) in the case of a person whose name is on the Roll but cannot be found by the Presiding Officer, he claims that his name appears or should appear on the Roll,

and makes a declaration in Form 19 before the Presiding Officer.

Vote of person whose name on certified list has been marked.

51. Where a person against whose name on the certified list of voters used at a polling place—

(i) a mark has been placed in accordance with regulation 49; or

(ii) a note has been placed indicating that a postal vote certificate and postal, ballot-paper has been issued,

claims to vote at an election and states that he has not already voted or that he has not received a postal vote certificate and postal ballot-paper as the case may be, he may, subject to these Regulations, be permitted to vote if he makes a declaration in Form 20 before the Presiding Officer at the polling place.

Vote to be enveloped and deposited in ballot-box.

52. A person who votes under regulation 50 or 51 shall mark, fold and return his ballot-paper to the Presiding Officer and thereupon that officer shall, in the presence of the voter and of any scrutineer present, without unfolding the ballot-paper, enclose it in the envelope bearing the voter’s declaration, fasten the envelope and deposit it in the ballot-box.

Compulsory voting.

53. (1) The list of the names and descriptions of the electors who did not vote at an election for a Division which is required to be prepared by the Returning Officer for the Division under the provisions of section 128a of the Commonwealth Electoral Act in its application to and in relation to the election may be certified in accordance with Form 21.

(2) The notice to be sent to each elector whose name appears on the list may be in accordance with Form 22 and shall be posted within three months after the close of the election.

(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 23.

(4) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Returning Officer, is not a valid and sufficient reason for that failure, the Returning Officer shall notify the elector, in accordance with Form 24, of his opinion and inform him that he has the option of having the matter dealt with by the Chief Australian. Electoral Officer or by a Court of summary jurisdiction.

(5) If an elector desires the matter to be dealt with by the Chief Australian Electoral Officer and is prepared to abide by the decision of that officer, he shall notify the Returning Officer in accordance with Form 25 and shall deposit with the Returning Officer the sum of Two dollars.

(6) Upon the receipt from an elector who has failed to vote of a notification consenting to the matter being dealt with by the Chief Australian Electoral Officer and to abide by the decision of that officer and of the required deposit, the Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote, to the Chief Australian Electoral Officer.

(7) The Chief Australian Electoral Officer shall consider all the facts and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a fine of not less than Two dollars and not more than Four dollars, and notify the Returning Officer accordingly.

(8) The Returning Officer shall—

(a) if a fine is imposed—appropriate the deposit in payment or part payment thereof and notify the elector of the fine and the appropriation of his deposit in payment or part payment thereof; or

(b) if a fine is not imposed—notify the elector accordingly and return his deposit.

(9) A reference to an elector in the provisions of section 128a of the Commonwealth Electoral Act in their application to and in relation to an election does not include a person who is an elector by virtue of regulation 14 and a reference to an elector in this regulation does not include such a person.

Proceedings in a Court.

54. Subject to the directions of the Chief Australian Electoral Officer, the Returning Officer for a Division shall—

(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Commonwealth Electoral Act in its application to and in relation to an election by an elector of a Division and the elector has not within the time allowed consented to the matter being dealt with by the Chief Australian Electoral Officer and deposited the sum of Two dollars in accordance with sub-regulation (5) of regulation 53; or

(b) if he is satisfied that there has been a contravention of paragraph (b) of sub-section (12) of section 128a of the Commonwealth Electoral Act to and in relation to an election by an elector of a Division; or

(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Commonwealth Electoral Act in its application to and in relation to an election by an elector of the Division,

forthwith cause proceedings to be taken against the elector in a Court of summary jurisdiction.

Court to consider elector’s reply.

55. (3) In any proceedings which are instituted in a Court of summary jurisdiction pursuant to paragraph (a) of the last preceding regulation, the Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.

(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.

(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.

(4) A copy of this regulation shall be served with the summons.

Proceedings where elector has failed to reply.

56. (1) In any proceedings in the Court of summary jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Commonwealth Electoral Act in its application to and in relation to an election, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person or may, at any time, not less than three days before the date fixed for the hearing, lodge with or send by post to the Returning Officer for the Division of which he is an elector a statutory declaration setting out any matter which he desires to set out in answer to the charge and that, unless the Returning Officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the Returning Officer.

(2) Where a statutory declaration is received by the Returning Officer in pursuance of the last preceding sub-regulation, he shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.

(3) The Court shall, at the hearing, consider the statutory declaration, whether the defendant is present or not, as if the matter set out therein were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.

Part X—The Scrutiny and Return of the Writs

Preliminary scrutiny of postal votes.

57. The Returning Officer for a Division in which an election is held, in the presence of an officer of the Australian Public Service and of such scrutineers as choose to attend, shall produce all applications for postal vote certificates and postal ballot-papers and the postal ballot-box in which have been placed the envelopes containing postal ballot-papers received up to the end of the period of ten days immediately succeeding the close of the poll, and shall—

(a) compare the signature of the voter on each postal vote certificate with the signature of the applicant on the voter’s application and allow the scrutineers (if any) to inspect both signatures;

(b) if satisfied that the signature on the certificate is that of the elector who signed the application, that the signature purports to have been witnessed by an authorized witness, that the vote contained in the envelope bearing the certificate was recorded prior to the close of the poll and that the elector is enrolled for the Division, accept the ballot-paper for further scrutiny and place a mark against the name of the elector on a certified copy of the Roll for the Division, but if not so satisfied dissallow the ballot-paper without opening the envelope in which it is contained;

(ba) if not satisfied, in the case of a person purporting to be an elector by virtue of regulation 14, that he is an elector by virtue of that regulation, disallow the ballot-paper without opening the envelope in which it is contained;

(c) place in a parcel the envelopes bearing the certificates of those persons whose ballot-papers he has disallowed, fasten and seal, the parcel, endorse thereon the words “ Postal Voters’ ballot-papers rejected at the preliminary scrutiny ” and add his signature and the date;

(d) place the envelope containing the ballot-papers which he has accepted for further scrutiny before him on a table with the address side uppermost;

* * * * * * * *

(f) without further examining the certificate of the voter or permitting any other person to do so withdraw from the envelope the ballot-paper contained therein and without inspecting such ballot-paper or allowing any other person to do so forthwith deposit the ballot-paper in a locked and sealed ballot-box for further scrutiny; and

(g) place the envelopes in a parcel, fasten and seal the parcel and endorse thereon the words “ Envelopes bearing postal vote certificates from which ballot-papers have been withdrawn for further scrutiny ” and add his signature and the date.

Preliminary scrutiny of votes recorded under regulations 50 and 51.

58. The Returning Officer for a Division, in the presence of an officer of the Australian Public Service and of such scrutineers as choose to attend, shall produce all envelopes taken from the ballot-boxes which contain the ballot-papers of persons who have recorded votes under the provisions of regulations 50 and 51 and shall—

(a) if satisfied that the declaration is in order and:—

(i) in the case of a vote recorded under regulation 50—that the voter is a person to whom paragraph (a), (b) or (c) of that regulation applies; or

(ii) in the case of a vote recorded under regulation 51—that the voter is entitled to vote and has not already voted or that he did not receive a postal vote certificate or postal ballot-paper as the case may be,

accept the ballot-paper for further scrutiny, cause any necessary addition to be made to the Roll and place a mark against the name of the elector on a certified copy of the Roll;

(b) if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained; and

(c) take further action, mutatis mutandis, in accordance with the provisions of paragraphs (c), (d), (f) and (g) of regulation 57.

The scrutiny—general.

59. (1) The Returning Officer for the Division shall, in the presence of a Presiding Officer or Poll Clerk and of such authorized scrutineers as may attend—

(a) open all ballot-boxes received from the several polling places, and the ballot-boxes in which have been placed the postal ballot-papers, and the ballot-papers of persons who have voted under the provisions of regulations 50 and 51, which have been accepted for further scrutiny;

(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; and

(c) count the first preference votes given for each candidate on the unrejected ballot-papers.

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

(3) 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 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.

(4) 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.

(5) The Returning Officer shall—

(a) place in one 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.

Scrutiny prior to receipt of all ballot-papers, &c.

60. Where the Returning Officer for the Division is satisfied that the votes—

(a) on any ballot-papers issued at a polling place in connexion with an election which have not been received by him; or

(b) on any ballot-papers used for voting in pursuance of regulation 50 or 51 and in relation to which the Returning Officer has not completed the action specified in regulation 58,

cannot, having regard to the number of those ballot-papers possibly affect the result of the election, the Returning Officer may, with the concurrence of the Chief Australian Electoral Officer, proceed with the scrutiny, without awaiting the receipt of the ballot-papers, or completing the action, as the case may be.

Recount.

61. (1) At any time before the declaration of the result of an election, the Returning Officer for the Division, may, if he thinks fit, on the request of any candidate or of his own motion, and shall, if so directed by the Chief Australian Electoral Officer, recount the ballot-papers contained, in any parcel.

(2) Before proceeding to recount any ballot-papers, the Returning Officer shall send to each candidate notice of the time and place fixed for the recount.

(3) The Returning Officer shall, at a recount, in the presence of such authorized scrutineers as may attend and of an officer of the Australian Public Service, open the sealed parcel (or parcels) of ballot-papers to be recounted and shall count the votes therein.

(4) The Returning Officer may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Chief Australian Electoral Officer and the Chief Australian Electoral Officer shall, in the presence of an officer of the Australian Public Service and, if any candidate so desires in the presence of a person appointed by such candidate, scrutinize each such ballot-paper and mark the ballot-paper “ Admitted ” or “ Rejected ” according to his decision to admit or reject it.

(5) After a parcel has been opened and the votes therein recounted, the Returning Officer shall replace the ballot-papers in their original cover, which he shall refasten, reseal and then place in a new cover which he shall fasten and seal, and make thereon an indorsement of the fact and date of the recount, and the Returning Officer, and such persons authorized to be present at the recount as choose, shall sign the indorsement.

(6) In the event of the validity of the election being disputed, the Court of Disputed Returns may consider any ballot-papers which were reserved for the decision of the Chief Australian Electoral Officer but shall not order any further recount of the whole or any part of the ballot-papers unless it is satisfied that the recount is justified.

Return of Writ.

62. The Returning Officer for the Division shall, as soon as conveniently may be after the result of the election has been ascertained—

(a) at the place of nomination publicly declare the result of the election and the name of the candidate elected; and

(b) by endorsement under his hand certify on the writ the name of the candidate elected and return the writ.

Part XI—Miscellaneous

Returns of expenses, &c.

63. (1) The returns of expenses and of matter published in relation to an election required to be filed in pursuance of sections 151, 152 and 153 of the Commonwealth Electoral Act in its application to and in relation to an election shall be filed with and retained by the Chief Australian Electoral Officer.

(2) The fee to be paid for an inspection of a return furnished by a candidate in pursuance of section 151 of the Commonwealth Electoral Act in its application to and in relation to an election shall be Fifty cents.

(3) The returns to be furnished in pursuance of sections 152 and 153 of the Commonwealth Electoral Act in its application in the Territory may he in accordance with Forms 47 and 49 in the Schedule to the Electoral and Referendum Regulations and the fee to be paid for an inspection of any such return shall be Fifty cents.

Undertaking by officers and scrutineers.

64. (1) A Returning Officer and every Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, substitute Presiding Officer, Poll Clerk and Scrutineer shall make and subscribe an undertaking in accordance with Form 26.

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

Official mark.

65. 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 “ CA ” intertwined.

Withdrawal of nomination.

66. The notice of withdrawal by a candidate of his consent to nomination may be in accordance with Form 27 and shall be signed by the candidate in the presence of the Returning Officer for the Division or of a Justice of the Peace.

Sealed parcels to be preserve

67. (1) The sealed parcels of ballot-papers, postal vote certificates and voters’ declarations shall be preserved until their destruction has been authorized by the Chief Australian Electoral Officer.

(2) The sealed parcels of ballot-papers may only be opened—

(a) for the purpose of an authorized recount; or

(b) by the Returning Officer for the Division for the purposes of any authorized official inquiry.

Forms.

68. (1) Strict compliance with the Forms in Schedule 1 shall not be required and substantial compliance shall suffice for the purposes of these Regulations.

(2) Where no form has been prescribed for any action required to be taken under these Regulations by an officer, the officer may use such form as is approved by the Chief Australian Electoral Officer.

Application of the Commonwealth Electoral Act.

69. (1) The following provisions of the Commonwealth Electoral Act do not apply to an election:—

Sections 3, 7, 9 and 10, Parts III and IV, sections 29, 30 and 32 to 35, sub-sections (1), (2) and (4) of section 41, sub-section (2) of section 47, sections 60, 71, 72a and 72b, sub-section (1) of section 77, sub-section (1) of section 79, sub-section (1) of section 83, sections 104, 105 and 105a, sub-section (1) of section 112, sections 123, 135, 137 and 141, sub-section (2) of section 183 and section 218a.

(2) The Commonwealth Electoral Act in its application in the Territory—

(a) is, to the extent to which it is inconsistent with these Regulations, modified and adapted accordingly; and

(b) is further modified to the extent indicated in the Second Schedule to these Regulations.

(3) Subject to the foregoing provisions of these Regulations, in the application of the Commonwealth Electoral Act to and in relation to an election, unless the contrary intention appears—

(a) any reference to a Commonwealth Electoral Officer shall be read as a reference to the Chief Australian Electoral Officer;

(b) any reference to a Divisional Returning Officer shall be read as a reference to a Returning Officer;

(c) any reference to an elector shall be read as a reference to a person who is an elector for the purposes of these Regulations;

(d) any reference to an officer shall be read as a reference to a person who is an officer for the purposes of these Regulations;

(e) any reference to a State shall be read as a reference to the Territory;

(f) any reference to a Subdivision shall be read as a reference to a Division; and

(g) any reference to the Returning Officer for the Australian Capital Territory shall be read as a reference to a Returning Officer for a Division.

SCHEDULE 1

Form 1 Regulation 7 (1)

19

AUSTRALIAN CAPITAL TERRITORY

ROLL OF ELECTORS—DIVISION OF

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

M signifies Male, F signifies Female.

[Here follow Names, &c.]

FORM 2 Regulation 15

australian capital territory

ELECTORAL CLAIM

Occupation— Sex

The following particulars relating to claimant will not appear on the Roll, but must be stated on this card.

To the Electoral Registrar for the Division of in the Australian Capital Territory.

1. I am an inhabitant of Australia and have lived therein for six months continuously.

2. I am a British subject, am not under the age of 18 years, and am qualified to be enrolled as an elector.

3. 1 claim to have my name and particulars for enrolment placed on the Roll of Electors for the Division of              in the Australian Capital Territory, in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

4.  My name is at present enrolled for the Division of in the Territory or for the              Subdivision (or District) of the State (or Territory) of              in respect of the following address therein namely:—

I declare that the whole of the statements made in this Claim are true to the best of my knowledge and belief.

I, the undersigned, am a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, and I certify that I have seen the abovementioned claimant sign this claim and that I either know the statements contained in the claim are true or have satisfied myself by inquiry of the claimant or otherwise that those statements are true.

Signature of witness (in own handwriting).

Occupation Place of living

Schedule 1—continued

Form 3 Regulation 18

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

ACKNOWLEDGMENT OF RECEIPT OF ELECTORAL CLAIM

Dear Sir/Madam,

and your enrolment for the Division of in the Australian Capital Territory has been effected or adjusted as required.

Electoral Registrar for the Division of in the Australian Capital Territory.

(Address)

(Date)

Form 4 Regulation 18

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

NOTIFICATION OF TRANSFER OF ENROLMENT

To the Electoral Registrar for the Division, Subdivision or District of

You are requested to remove from the Roll kept by you the name of each elector scheduled herein, the elector having now been enrolled pursuant to a claim for transfer of enrolment for the Division of              in the Australian Capital Territory.

Schedule

Schedule 1—continued

Form 5 Regulation 17 (1)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

To—

NOTIFICATION TO A PERSON WHO APPEARS TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [here insert number of sub-regulation] OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS RELATING TO COMPULSORY ENROLMENT.

You are hereby notified that from information laid before me, it would appear that on the

in the Australian Capital Territory [here insert nature of contravention alleged] and I do therefore allege that you have contravened the provisions of regulation 16 [here insert number of sub-regulation] of the Australian Capital Territory Representation Regulations.

A contravention of the regulation mentioned is punishable by a fine of not less than One dollar and not more than Four dollars in the case of a first offence and a fine of not less than Four dollars and not more than Ten dollars in any other case.

You have the option of having the alleged contravention dealt with by the Returning Officer for the undermentioned Division (thus avoiding costs of Court) or by a Court of Summary Jurisdiction.

If you desire to have the matter dealt with by the Returning Officer, you must fill in and sign, in the presence of a witness, who must be a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, the form of consent at the foot of this form, and send it or deliver it to me as so to reach me not later than the

If you desire to answer the allegation you may send or deliver to me, so as to reach me not later than the last-mentioned date, a declaration in the form printed on the back of the form of consent setting out any facts relevant to the matter.

If your answer be accepted as a satisfactory reply to the allegation, no further action will be taken, and no further notice will be sent to you.

If it be decided to proceed with the case and you have forwarded within the specified time your consent to the matter being dealt with by the Returning Officer, your declaration will be considered by him. If you have not consented within the specified time to the matter being dealt with by the Returning Officer, your declaration will be forwarded to the Court by which your case is to be dealt with.

Dated the day of , 19        .

Electoral Registrar for the Division of

(Address)

Form 6 Regulation 17 (1)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

DECLARATION BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [here insert number of sub-regulation] OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS RELATING TO COMPULSORY ENROLMENT.

(a) Here insert matter declared to. Where the matter is long it should be set out in numbered paragraphs.

I, of do hereby declare (a)

(Personal Signature)

(Date)

I, the undersigned, being a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, certify that I have seen the above-named person sign the above declaration.

(Signature of witness)

(Occupation)

(Address)

Schedule 1—continued

Form 7 Regulation 17 (2)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

CONSENT BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 36 [here insert number of sub-regulation] OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS RELATING TO COMPULSORY ENROLMENT WHO DESIRES TO HAVE THE MATTES DEALT WITH BY THE RETURNING OFFICER FOR THE DIVISION OF

To the Electoral Registrar

for the Division of

having received from you a notification alleging that I have contravened the provisions of regulation 16 of the Australian Capital Territory Representation Regulations hereby consent to have the matter dealt with by the Returning Officer for the abovementioned Division, and I undertake to abide by his decision thereon, and to pay the amount of the penalty (if any) that he may impose.

(Personal signature)

(Address)

(Date) / /

Witness—

This form must be signed in the presence of, and attested by, a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll.

Form 8 Regulation 17 (4)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

To—

NOTIFICATION OF PENALTY FOR CONTRAVENTION OF REGULATION 16 [here insert number of sub-regulation] OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS.

You are informed that pursuant to your notification of consent dated the day of              , 19              , I have dealt with the matter of your contravention of Regulation 16 of the Australian Capital Territory Representation Regulations, and that I have imposed upon you a fine of

You are hereby required to pay that amount to me not later than the

The amount may be paid at my office in cash or may be remitted to me by Postal Note or Money Order, made payable to the Collector of Public Moneys. Upon payment of the penalty an official receipt will be handed to you or forthwith sent to you by post.

Unless you comply with the requirements of this notification within the time allowed herein your consent to have the matter of your contravention dealt with by me shall be deemed to have been of no effect and the order made by me shall be revoked and in lieu thereof proceedings may be instituted against you in a Court of Summary Jurisdiction.

Returning Officer

for the Division of

(Address)

(Date)

Schedule 1—continued

Form 9 Regulation 27 (1)

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

australian capital territory representation regulations

NOTICE OF OBJECTION

To the Returning Officer for the Division of

I object to the name of—

being retained on the Roll of Electors for the Division of , on the ground that [here insert ground of objection].

(Signature)

(Occupation)

(Address)

Dated the day of , 19

Form 10 Regulations 27 (2) and 30 (2)

[Form to be used by the Registrar when lodging objections to the retention of names on the Roll kept by him.]

[Front of Form.]

australian capital territory representation regulations

NOTICE OF OBJECTION

To the Returning Officer for the Division of .

I object to each undermentioned name being retained on the Roll of Electors for the undermentioned Division on the ground [here insert ground of objection].

Registrar for the Division of

Dated the day of , 19 .

Schedule 1—continued

Form 10—continued

[Back of Form.]

Indorsement by Returning Officer

(1) Notices of Objection posted by Returning Officer to persons objected to  

(2) Date of expiration of period allowed for answers to objections  

(3) Answers received from—

Notification to the Registrar for the Division of

(a) Objections sustained excepting as to the following names, viz.:—

(b) You are hereby directed to forthwith remove from the Roll for the abovementioned Division all the names appearing on the within list of objections, with the exception of those mentioned, in the foregoing paragraph (a), in which cases the objections have not been sustained.

Returning Officer for the Division of  All necessary action taken in accordance with the above direction.

Registrar for the Division of

Form 11 Regulation 28

australian capital territory representation regulations

NOTICE OF OBJECTION TO PERSON OBJECTED TO ON THE GROUND OF NON-RESIDENCE

To the person objected to, whose name and address appear on the back hereof.

Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Roll of Electors for the Division of              on the ground that you do not live in the Division and have not so lived for at least one month last past.

You are entitled at any time within 21 days from the posting of this notice to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend my office at [here insert address of office] between the hours of [here insert hours and days office will be officially open], before the expiration of 20 days from the posting of this notice.

If you claim that your place of living is still in the Division, and you do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of 20 days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “ Returning Officer for the Division of ” shall be visible, and send or deliver the notice to me with reply attached.

If you have ceased to live in the Division as alleged you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within 20 days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Returning Officer for the Division of

(Postal address)

Dated the day of , 19 .

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

Schedule 1—continued

Form 11—continued

Reply

(To be completed only if the elector claims that his place of living is still in the Division.)

1. I am the elector whose enrolment is objected to in this notice.

2. My place of living is still in the Division for which I retain my qualification for enrolment.

(Personal signature of elector)

[To be made in presence of witness.]

(Address)

Witness to signature—

(Being a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll.)

(Occupation)

(Place of living)

Dated the day of , 19 .

Form 12 Regulation 28

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

NOTICE OF OBJECTION TO PERSON OBJECTED TO ON A GROUND OTHER THAN THAT OF NON-RESIDENCE

To the person objected to, whose name and address appear on the back hereof.

Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Roll of Electors for the Division of              on the following grounds, namely:— [Here insert grounds of objection.]

You are entitled at any time within 20 days from the posting of this notice to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend my office at [here insert address of office] between the hours of [here insert hours and days office will be officially open], before the expiration of 20 days from the posting of this notice.

If you claim that you are qualified for the enrolment objected to, and do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of 20 days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “ Returning Officer for the Division of ” shall be visible, and send or deliver the notice to me with reply attached.

If you are not qualified for the enrolment objected to, you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within 20 days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Returning Officer for the Division of

(Postal Address)

Dated the day of , 19 .

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

Schedule 1—continued

Form 12—continued

Reply

(To be completed only if the elector claims that he is qualified for the enrolment objected to.)

I am the elector whose enrolment is objected to in this notice, and I claim that I am qualified for such enrolment.

My reasons for so claiming are as follows:—

[Here set forth reasons relied upon as an answer to the objection.]

(Personal signature of elector)

[To be made in presence of witness.]

(Address)

Witness to signature—

(Being a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll.)

(Occupation)

(Place of living)

Dated the day of , 19 .

Form 13 Regulation 30 (1)

australian capital territory representation regulations

To—

NOTICE OF DETERMINATION OF OBJECTION

Notice is hereby given that I have considered the objection lodged by [here set out the name of objector] to the retention of the name of [here set out name of person objected to] on the Roll of Electors for the Division of              and have decided—

(a) to remove the said name from the said Roll;

(b) to dismiss the objection and to retain the said name on the said Roll.

(Note.—Strike out sub-paragraph (a) or sub-paragraph (b) as the case requires.)

If aggrieved by this decision you may, at any time within one calendar month after the receipt of this notice, appeal against the decision to a Court of Summary Jurisdiction.

Returning Officer for the Division of

Dated the day of , 19 .

Schedule 1—continued

Form 14 Regulation 35 (1)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

NOMINATION OF A MEMBER OF THE HOUSE OF REPRESENTATIVES

To the Returning Officer for the Division of in the Australian Capital Territory.

We, the undersigned electors on the Roll of Electors for the above-mentioned Division, and entitled to vote at the Election of a Member of the House of Representatives for that Division, do hereby nominate [here insert the Given name or names in full, surname, place of residence, and occupation of person  nominated] as a Member of the House of Representatives for the above-mentioned Division.

Dated the day of , 19 .

I, of consent to the above nomination and to act if elected, and declare that I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Member of the House of Representatives for the abovementioned Division.

(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 six persons entitled to vote at the election for which the candidate is nominated.

Form 15—Part A Regulation 37 (1)

australian capital territory representatives regulation

APPLICATION FOR POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN ENROLLED ELECTOR

To the Returning Officer for the Division of in the Australian Capital Territory.*

hereby apply for a Postal Vote Certificate and Postal Ballot-Paper to enable me to vote by post at the next forthcoming election.

I declare—

(1) That I am an elector enrolled on the Roll of Electors for the Division of in the Australian Capital Territory.

(2) That my real place of living is, or at some time within three months immediately preceding the polling day for the election to which this application relates was, in the above-mentioned Division.

Schedule 1—continued

Form 15—Part A—continued

Note. Strike out any of these grounds which do not apply to the elector.

(3) 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 Australian Capital Territory or, if I will be within that Territory, I will not be within five miles by the nearest practicable route of any polling booth open in the abovementioned Division.

(b) That I am seriously ill or infirm and, by reason of such illness or infirmity, will be precluded from attending at any polling booth to vote.

(c) That I will, by approaching maternity, be precluded from attending at any polling booth to vote.

(d) That I am, by reason of my membership of a religious order or my religious beliefs, precluded—

(i) from attending at a polling booth; or

(ii) from voting throughout the hours of polling on polling day or throughout the greater part of those hours.

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

(Signature of the elector in his own handwriting.)

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

(Signature of witness in his own handwriting.)

(An elector whose name appears on a Roll for the Australian Capital Territory, for a State, or for the Northern Territory or where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of Australia or of some other part of the Queen’s dominions, a person employed in the Australian Public Service, a Territory or a part of the Queen’s dominions or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory or a part of the Queen’s dominions.)

(Address of Witness.)

Dated the day of , 19 .

* If the application is being made to an officer other than a Returning Officer for a Division in the Australian Capital Territory, this line should be altered accordingly.

Form 15—Part B Regulation 37 (1)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR

(a) If the application is being made to an Officer other than an Assistant Returning Officer, alter accordingly.

To the Assistant Returning Officer at(a)..............................................

I........................................................................

(Given names (in full).) (Surname.)

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

(Rank, or, in the case of persons accompanying the Defence Force, designation.)

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

(Number (if applicable).) (Name of unit.)

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

(Address of place at which applicant ordinarily lived before departure from Australia.)

.................................................. hereby apply for a Postal Vote Certificate and a Postal Ballot-Paper to enable me to vote at the forthcoming election.

I declare as follows:—

(1) the grounds on which I am entitled to vote are—

(a) that I am a member of the Defence Force on service outside Australia or a person accompanying a part of the Defence Force on service outside Australia;

(b) that I am not less than 18 years of age;

(c) that I have lived in Australia for six months continuously;

(d) that I am a British subject; and

(e) that my name does not appear on an Electoral Roll for the Australian Capital Territory, for a State or for the Northern Territory;

Schedule 1—continued

Form 15—Part B—continued

(2) the grounds on which I make this application are that I am an elector for the reasons set out above.

(b) To be completed only when necessary.

The address to which the Postal Vote Certificate and the Postal Ballot-paper may be posted to me is as follows(b):—

Signature of applicant in own handwriting—

Signed by the applicant in his own handwriting in my presence.

Signature of witness* in own handwriting—

Address of witness—

(c) Date to be added by witness.

Dated at  the(c) day of , 19 .

*The witness must be an elector whose name appears on a Roll for the Australian Capital Territory, for a State or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of Australia or of some other part of the Queen’s dominions, a person employed in the Australian Public Service or of a Territory or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory or a part of the Queen’s dominions.

Form 16 Regulation 38 (1)

australian capital territory representation regulations

POSTAL VOTE CERTIFICATE

I hereby certify that of 

is entitled (subject to the provisions of the Australian Capital Territory Representation Regulations) to vote by post in respect of the Division of              in the Australian Capital Territory at the House of Representatives election to be held on Saturday, the

Returning Officer for the Division of, or

Divisional Returning Officer for the Division of , or Returning Officer for the Northern Territory, or

Registrar for the Subdivision of , or

Assistant Returning Officer at  .

Date—

Certificate of Voter

I, the person named in the above certificate, hereby certify that the signature of voter hereunder is my personal signature written by me with my own hand.

Signature of Voter—

[in his or her own handwriting.]

Certificate of Authorized Witness*

I hereby certify that the above certificate was signed by the voter in his or her own handwriting in my presence at [here insert address of place where signature is made and witnessed].

Signature of Authorized Witness [in his own handwriting]—

An elector whose name appears on a Roll for the State or Territory of—

Address of Witness— Date—

*Where vote is recorded outside Australia—see reference to authorized witnesses in the printed “ Directions to Elector and Authorized Witness ” issued by the Chief Australian Electoral Officer.

Directions:—After this envelope containing the ballot-paper marked by the voter has been duly signed and completed it should be forthwith posted or delivered to the Returning Officer for the abovementioned Division, but, if posted before the close of the poll, would not reach him before the end of the period of 10 days immediately succeeding the close of the poll, or if it cannot be delivered to that officer before the close of the poll, it may be posted or delivered to any Divisional Returning Officer, any Assistant Returning Officer or the Returning Officer for the Northern Territory or delivered on polling day to any Presiding Officer, but so as to reach him before the close of the poll.

Schedule 1—continued

Form 17 Regulation 38 (2)

The elector must not mark his vote hereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

Postal Ballot-paper

australian capital territory representation regulations

Division of

ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES

Directions:—Mark you vote on this ballot-paper by placing the numbers [here insert “ 1 and 2 ” where there are two candidates, “ 1, 2 and 3 ” where there are three candidates, “ 1, 2, 3 and 4 ” where there are four candidates, and so on, as the case requires] in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them; fold the ballot-paper, enclose it in the envelope addressd to the Returning Officer and fasten the envelop.

Candidates

□............................................................................

□............................................................................

□............................................................................

□............................................................................

Form 18 Regulation 44

Ballot-paper

australian capital territory representation regulations

Division of

ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES

Directions:—Mark your vote on this ballot-paper by placing the numbers [here insert “ 1 and 2 ” where there are two candidates, “ 1, 2 and 3 ” where there are three candidates, “ 1, 2, 3 and 4 ” where there are four candidates, and so on, as the case requires] in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them.

Candidates

□............................................................................

□............................................................................

□............................................................................

□............................................................................

Form 19 Regulation 50

australian capital territory representation regulations

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF REGULATION 50 OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS WHO DECLARES THAT HIS NAME HAS BEEN OMITTED FROM, OR STRUCK OUT OF, THE CERTIFIED LIST OF VOTERS FOR THE POLLING PLACE AT WHICH HE CLAIMS TO BE ENTITLED TO VOTE, OWING TO AN ERROR OF AN OFFICER, OR A MISTAKE OF FACT.

(a) Name in full.

(b) Address in full.

(c) Occupation.

I, (a) of (b) 

(c) declare:—

That I am entitled to be enrolled on the Roll of Electors for the Division of  in the Australian Capital Territory.

(d) Date of issue of writ.

That after becoming qualified for enrolment I sent or delivered to the Registrar for the Division a duly completed claim for enrolment (or transfer of enrolment), and that my claim was received by the Registrar before 6 o’clock in the afternoon of the (d)             

that is, before the issue of the writ for the election being held this day.

Schedule 1—continued

Form 19—continued

That from the time of sending or delivering my claim to the Registrar and up to the issue of the writ as aforesaid, I continuously retained my right to be enrolled for the Division and did not become qualified for enrolment for the other Division in the Territory or for a subdivision of a State or for a District of the Northern Territory.

That to the best of my knowledge and belief my name has been struck out of, or omitted from, the Certified List of Voters for this polling place owing to an an error of an officer or a mistake of fact, and not as a result of an objection on the ground of non-residence or other disqualification, or in consequence of the transfer or duplication of my enrolment.

(Personal signature of voter)

Signed before me the  day of , 19 , at              polling place.

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 (subject to the provisions of Regulation 47) initial and hand to the voter one ballot-paper for the election held on the date upon which the declaration is made.

3. The voter will then forthwith—(i) retire alone to an unoccupied compartment of the polling booth, and there, in private, mark his vote on the ballot-paper, in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return it so folded, to the Presiding Officer before whom he made his declaration.

4. The Presiding Officer will see that he receives from the voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper in the envelope bearing the declaration of the voter and addressed to the Returning Officer for the Division, securely fasten the envelope, and deposit it in the ballot-box.

Form 20 Regulation 51

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF REGULATION 51 OF THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS.

(a) Name in full (as appearing on Roll).

(b) Address in full (as appearing on Roll).

(c) Occupation (as appearing on Roll).

I, (a) of (b) 

(c) declare that:—

(Personal signature of voter)

Signed before me the  day of , 19 . at              polling place.

Presiding Officer.

Schedule 1—continued

Form 20—continued

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 (subject to the provisions of Regulation 47) initial and hand to the voter one ballot-paper for the election held on the date upon which this declaration is made.

(3) The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on the ballot-paper in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return it so folded to the Presiding Officer before whom he made his declaration.

(4) The Presiding Officer will see that he receives from the voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper in the envelope bearing the declaration of the voter and addressed to the Returning Officer for the Division, securely fasten the envelope, and deposit it in the ballot-box.

Form 21 Regulation 53 (1)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS WHO DID NOT VOTE AT THE ELECTION HELD ON                            THE                            DAY OF              , 19              .

I, , of , Returning Officer for the Division of              in the Australian Capital Territory, do solemnly and sincerely declare that the names on the within print of the roll for the Division against which a mark indicating the electors who voted at the election has not been placed, constituted the list of the names and descriptions of the electors enrolled for the Division who did not vote at the election, held on              the              , and that the said list was prepared by me pursuant to sub-section (2) of section 128a of the Commonwealth Electoral Act as modified by the Australian Capital Territory Representation Regulations.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1959-1973, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Returning Officer for the Division of

Declared at , the day of 19

Before me,

(a)

(b)

(a) Signature of person before whom the declaration is made.

(b) Here insert title of person before whom the declaration is made.

Schedule 1—continued

Form 22 Regulation 53 (2)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

Division of No. on roll

NOTIFICATION TO ELECTOR WHO APPEARS TO HAVE FAILED TO VOTE

To the elector whose name and address appear on the back hereof.

You are notified that you appear to have failed to vote at the election held under the Australian Capital Territory Representation (House of Representatives) Act on              , the              , and you are hereby called upon, in, pursuance of section 128a of the Commonwealth Electoral Act as modified by the Australian Capital Territory Representation Regulations, to give a valid, truthful and sufficient reason why you have failed so to vote.

You are required to—

(a) state, in the form at the foot of this notice, the true reason why you failed so to vote;

(b) complete and personally sign the form and have it witnessed by a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll; and

(c) fold the form so that the address “Returning Officer for the Division of

,” shall be visible, and post it so as to reach me on or before the*

Returning Officer for the Division of

(Address)

Date , 19 .

Note.—If the elector to whom this notice is addressed is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form at the foot hereof within the time specified in the form, any other elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time, and the filling up, signing, and posting of the form will be treated as compliance by the first-mentioned elector with the requirements of this notice.

* Not being less than 21 days after the posting of this notice.

Form 23 Regulation 53 (3)

FORM OF DECLARATION TO BE COMPLETED AND RETURNED TO THE RETURNING OFFICER

I, , do hereby declare that the following is the true reason

why I* failed to vote at the election held under the Australian Capital Territory (House of Representatives) Representation Act, on              ,

the day of , 19 .

†

(Personal signature of elector)

I, the undersigned, being a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, certify that I have seen the above-named elector sign the above declaration.

(Signature of witness (in own handwriting))

(Occupation)

(Address)

Date , 19 .

* Where this form is filed up on behalf of an absent or physically incapacitated elector, the word “I” must be struck out, and the name of such elector inserted.

† Here set out the precise and true reason for having failed to vote.

Schedule 1—continued

Form 23—continued

[Back of Form.]

Form 24 Regulation 53 (4)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

Division of

No. on roll

NOTIFICATION TO ELECTOR WHOSE REASON FOR FAILING TO VOTE IS HELD NOT TO BE VALID AND SUFFICIENT

To—

You are hereby notified—

(1) that the reason given by you in your declaration dated the

19 , is not, in my opinion, a valid and sufficient reason for your failure to vote at the election held under the provisions of the Australian Capital Territory (House of Representatives) Representation Act, on              , the              ; and

(2) that you have the option of having the matter dealt with by the Chief Australian Electoral Officer (thus avoiding costs of Court), or by a Court of summary jurisdiction.

If you desire to have the matter dealt with by the Chief Australian Electoral Officer, you must fill in and sign, in the presence of a witness, the form of consent at the foot hereof, and send or deliver it to me, so as to reach me not later than the              , together with the sum of Two dollars* to be appropriated in payment or part payment of the fine, if any, which the Chief Australian Electoral Officer may impose upon you.

In the event of the form and deposit not reaching me on or before the date set out in the preceding paragraph, it will be taken that you desire to have the matter dealt with by a Court of summary jurisdiction.

Returning Officer for the Division of

(Address)

Date , 19 .

* This amount may be paid to the Returning Officer in cash, or be remitted to him by postal note or money order made payable to “The Collector of Public Moneys”.

Schedule 1—continued

Form 25 Regulation 53 (5)

FORM OF CONSENT TO BE USED BY AN ELECTOR WHO DESIRES TO HAVE HIS CASE DEALT WITH BY THE CHIEF AUSTRALIAN ELECTORAL OFFICER

To the Returning Officer for the Division of

I, , of , enrolled as an elector on the Roll for the abovementioned Division, having failed to vote at the election held under the provisions of the Australian Capital Territory (House of Representatives) Representation Act, on                            , the              day of              , 19              , and having been notified by you that the reason given by me for such failure to vote is not, in your opinion, a valid and sufficient reason for such failure, do hereby notify you that I consent to have the matter dealt with by the Chief Australian Electoral Officer, and to abide by his decision.

I enclose herewith the sum of Two dollars, and I agree that the said sum may be appropriated in payment or part payment of any fine (not exceeding Four dollars, without costs) which the Chief Australian Electoral Officer may impose upon me.

(Personal signature of elector)

I, the undersigned, being a person whose name appears on a Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, certify that I have seen the above-named elector sign the above form.

(Signature of witness (in own handwriting) )

(Occupation)

(Address)

Date , 19 .

Form 26 Regulation 64

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

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 27 Regulation 66

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS

FORM OF WITHDRAWAL BY CANDIDATE OF CONSENT TO NOMINATION

To the Returning Officer for the Division of

I [here insert Given names, surname, place of residence, and occupation] do hereby withdraw my consent to nomination as a Member of the House of Representatives for the abovementioned Division, 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.

SCHEDULE 2  Regulation 70 (2)

MODIFICATIONS OF THE COMMONWEALTH ELECTORAL ACT 1918-1973 IN ITS APPLICATION IN THE TERRITORY