Commonwealth Electoral (War-time) Regulations

STATUTORY RULES.

1943. No. 175.

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL (WAR-TIME) ACT 1940-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral (War-time) Act 1940-1943.

Dated this seventh day of July, 1943.

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

———

Commonwealth Electoral (War-time) Regulations.

Citation.

1. These Regulations may be cited as the Commonwealth Electoral (War-time) Regulations.

Repeal.

2. The Commonwealth Electoral (War-time) Regulations (being Statutory Rules 1940, No. 178) are repealed.

Form of declaration.

3. The form of declaration to be made by a member of the Forces voting under Part II. or Part IIa. of the Commonwealth Electoral (War-time) Act 1940-1943 may be in accordance with Form 1 in the Schedule to these Regulations.

Scrutiny of votes.

4. The scrutiny of votes of members of the Forces voting under Part II. or Part IIa. of the Commonwealth Electoral (War-time) Act 1940-1943 in each area under the control of a Commonwealth Returning Officer shall be as follows:—

(a) the scrutiny for each Division shall be conducted separately, commencing with the Division of Barton and following with the remaining Divisions in the State of New South Wales in alphabetical sequence and then following with the Divisions (in alphabetical sequence in each State) of the States of Victoria, Queensland, South Australia, Western Australia and Tasmania in that order and, lastly, the Northern Territory;

(b) in respect of each Division the scrutiny of which is being conducted, the Commonwealth Returning Officer, with such assistance as he thinks necessary, shall—

(i) place all the envelopes on a table in such a manner that the declarations of the voters are not visible;

* Notified in the Commonwealth Gazette on      , 1943

4061.—Price 3d 25/5.7.43.

(ii) open each envelope, extract the ballot-papers therefrom and, without inspecting them, deposit them in a ballot-box or other similar receptacle;

(iii) when the ballot-papers from all the envelopes have been so extracted and deposited, parcel the envelopes, seal the parcel and endorse the nature of the contents thereon; and

(iv) remove the ballot-papers from the ballot-box or other similar receptacle and, subject to the rejection of informal ballot-papers, count the ballot-papers to the respective candidates indicated by the first preferences thereon or, in the case of a Referendum, in favour and not in favour of the proposed law; and

(c) after completing the scrutiny in respect of each Division, the Commonwealth Returning Officer shall forthwith make and sign a record of the result of the scrutiny of the ballot-papers relating to each election, which may also be signed by any scrutineer or scrutineers present.

Application by discharged members of Forces in Australia who are unenrolled.

5. An application for a certificate and ballot-paper by a discharged member of the Forces in Australia who is unenrolled shall be made in accordance with Form 2 in the Schedule to these Regulations.

Certificate to discharged member of Forces who is unenrolled.

6. Before issuing a certificate to a discharged member of the Forces in Australia who is unenrolled, the Divisional Returning Officer shall—

(a) delete the words “Postal Vote Certificate” and insert in their stead the words “Certificate enabling discharged member of the Forces who is unenrolled to Vote” and

(b) insert after the words “Commonwealth Electoral Act” the words “and Commonwealth Electoral (War-time) Act”.

Ballot-paper for discharged member of Forces who is unenrolled.

7. Before issuing a ballot-paper to a discharged member of the Forces in Australia who is unenrolled, the Divisional Returning Officer shall delete the words “Postal Ballot-paper” and insert in their stead the words “Ballot-paper for discharged Member of the Forces who is unenrolled”.

THE SCHEDULE.

Reg. 2. Form 1.

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act.

DECLARATION BY MEMBER OF THE FORCES VOTING UNDER THE ABOVE-MENTIONED ACT.

I [here insert name in full, rank or designation, No. (if any) and Unit to which attached.] declare that—

(1) I am a member of the Defence Force of the Commonwealth.

(2) I am not under the age of twenty-one years, or, if I am under that age, I am serving or have served as a member of the Forces outside Australia.

(3) My ordinary place of residence immediately prior to my appointment or enlistment as a member of the Forces (or if appointed or enlisted prior to the 3rd September, 1939, immediately prior to that date) was at—

(4) I have not voted at the election to which this declaration relates and I promise that if I am now permitted to vote, I will not again vote or attempt to vote at that election.

I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a vote to which I am not entitled or wilfully to make any false statement in this declaration or to vote more than once at an election.

Personal signature of voter

Declared before me at    the

day of     19 .

Signature of officer designated to take votes Rank and Unit (or Designation)

———

Reg. 5. Form 2.

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act.

APPLICATION BY DISCHARGED MEMBER OF THE FORCES IN AUSTRALIA WHO IS UNENROLLED FOR CERTIFICATE AND BALLOT-PAPER.

(This application may be made and sent (or delivered) to any Divisional Returning Officer at any time after the issue of the writ for the election to which it relates but so as to reach that officer before six o’clock in the afternoon of the day immediately preceding polling day.)

To the Divisional Returning Officer for the Electoral Division of

I [here insert name (in full) and add Rank or Designation, No. (if any), and Unit to which attached immediately prior to discharge from service] hereby apply for a certificate and ballot-paper (or ballot-papers) to enable me to vote at the next forthcoming election, under the provisions of the Commonwealth Electoral (War-time) Act.

Note.—Election in this application means a Senate election, general election for the House of Representatives (including an election for the Northern Territory held at the same time as a general election) or any Referendum, or all of them as the case requires.

I declare that—

(1) I am a discharged member of the Defence Force of the Commonwealth and that I have been on active service during the present War;

(2) I am not under the age of 21 years, or, if I am under that age, I have served as a member of the Forces outside Australia;

(3) to the best of my knowledge and belief I am not enrolled as an elector of the Commonwealth on the roll for any electoral Division or on the roll for the Northern Territory;

(4) my ordinary place of residence immediately prior to my appointment or enlistment as a member of the Forces (or if appointed or enlisted prior to the 3rd September, 1939, immediately prior to that date) was at                                          in the State of                                          ;

(5) I have not voted at the election to which this application relates and I promise that if I am now permitted to vote I will not again vote or attempt to vote at that election.

I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a vote to which I am not entitled or wilfully to make any false statement in this application or to vote more than once at an election.

I request that the certificate and ballot-paper (or ballot-papers) to which I am entitled be forwarded to me at the following address, namely:—

Personal signature of applicant—

Date    19 .

Signature of witness—

(an elector or a person qualified to be an elector.)

Address of witness—

Endorsement by Divisional Returning Officer.

I certify that the above-named applicant is entitled, in pursuance of section 6 of the Commonwealth Electoral (War-time) Act, to vote in respect of the Electoral Division of                                                        and that I have this day issued to the applicant Discharged Member of the Forces Certificate No.              and the requisite ballot-paper (or ballot-papers) in respect of that Division.

Divisional Returning Officer for the Electoral

Division of

Date— 19 .

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.