Northern Territory Electoral Regulations - Legislation

STATUTORY RULES.

1947. No. .

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1936, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1947 AND THE COMMONWEALTH ELECTORAL ACT 1918-1946.*

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 Northern Territory Representation Act 1922-1936, the Northern Territory (Administration) Act 1910-1947 and the Commonwealth Electoral Act 1918-1946, to come into operation forthwith.

Dated this fifteenth day of October, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

NORTHERN TERRITORY ELECTORAL REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Northern Territory Electoral Regulations.

Repeal.

2. The Northern Territory Electoral Regulations (being Statutory Rules 1926, No. 200, as amended by Statutory Rules 1928, Nos. 108 and 119, Statutory Rules 1929, No. 109, Statutory Rules 1932, No. 21, Statutory Rules 1934, No. 95, Statutory Rules 1937, No. 94, Statutory Rules 1940, No. 167 and Statutory Rules 1943, No. 176) are repealed.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Administration.

Part III.—Districts and Polling Places.

Part IV.—Electoral Rolls.

* Notified in the Commonwealth Gazette on , 1947.

4326.—Price 2s. 3d. 8/23.9.1947.

Part V.—Qualifications and Disqualifications for Enrolment and for Voting.

Part VI.—Enrolment.

Division 1.—General.

Division 2.—Enforcement of Law in relation to Enrolment.

Division 3.—Registration of Claims.

Part VII.—Objections and Appeals.

Part VIII.—Writ for Election, and Nominations.

Part IX.—The Polling.

Division 1.—Voting at a Polling Place.

Division 2.—Voting by Post.

Division 3.—Compulsory Voting.

Part X.—The Scrutiny.

Division 1.—General Provisions.

Division 2.—Provisions relating to the Scrutiny of Ballot-papers in Form 19 or 20.

Division 3.—Provisions relating to the Scrutiny of Postal Votes.

Division 4.—Scrutiny of votes recorded under regulations 78, 79 and 91.

Division 5.—Mode of determining the result of the Scrutiny.

Division 6.—Recount of Ballot-papers.

Part XI.—Return of the Writ.

Part XII.—Miscellaneous.

Definitions.

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

“District” means an Electoral District of the Northern Territory;

“Election” means an election of a member of the House of Representatives for the Northern Territory or an election of a member (or members) of the Legislative Council for the Northern Territory, or both of them, as the case may be;

“Returning Officer” means the Returning Officer for the Northern Territory and includes an Assistant Returning Officer;

“The Chief Electoral Officer” means the Chief Electoral Officer for the Commonwealth;

“The Commonwealth Electoral Act” means the Commonwealth Electoral Act 1918-1946, as amended from time to time;

“The Northern Territory (Administration) Act” means the Northern Territory (Administration) Act 1910-1947, as amended from time to time;

“The Northern Territory Representation Act” means the Northern Territory Representation Act 1922-1936, as amended from time to time;

“The Territory” means the Northern Territory.

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

Part II.—Administration.

Returning Officer.

5. There shall be a Returning Officer for the Territory who shall be charged with the duty of giving effect to the provision of the Northern Territory Representation Act, the Northern Territory (Administration) Act insofar as it relates to an election, the Commonwealth Electoral Act insofar as it is applicable to the Territory, and these Regulations, within and for the Territory subject to the direction of the Chief Electoral Officer.

Assistant Returning Officers.

6.—(1.) Assistant Returning Officers may be appointed to exercise within or for any District, subject to the control of the Returning Officer, all the powers of the Returning Officer.

(2.) Where the services of an Assistant Returning Officer are required for the purpose of an election only, the appointment may be made by the Chief Electoral Officer, and in such case shall terminate upon the completion of the election.

Electoral Registrars.

7. The Minister may appoint Electoral Registrars to keep the Rolls for any Districts, who shall be subject to the directions of the Returning Officer. The Returning Officer shall act as Registrar for any District for which no Registrar has been appointed, and may by virtue of his office act as Registrar for any District during the absence from duty of the Registrar for the District.

Appointment in case of vacancy.

8.—(1.) In the event of any vacancy occurring in the office of Returning Officer, Assistant Returning Officer or Registrar, or in the absence from duty of any such officer, the Chief Electoral Officer may appoint some person to perform the duties of the office during the period of the vacancy or absence.

(2.) Any such appointment shall be temporary only, and shall not confer on the appointee any right or claim to be permanently appointed to the position.

Date from which appointments take effect.

9. A person appointed to be Returning Officer, Assistant Returning Officer, or Registrar shall be deemed to have been appointed as from the date specified in his appointment, or, if no such date is specified, as from the date of his appointment.

Candidates not to be officers.

10. No candidate shall be appointed an officer and if any officer becomes a candidate he shall thereby vacate his office.

Registrar to keep forms.

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

Part III.—Districts and Polling Places.

Districts; and change of electors from one roll to another.

12.—(1.) The Territory shall be divided into the Electoral Districts described in the Schedule to the Northern Territory (Administration) Act.

(2.) When the Territory is divided into Districts or the boundaries of a District are altered, such changes as are thereby rendered necessary for the transfer of the names of electors from one Roll to another Roll shall be made by removing the names of those electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.

(3.) Notice of the change of electors from one Roll to another pursuant to this regulation shall be sent by post to each elector concerned by the Electoral Registrar for the District to which the elector’s name has been changed.

Polling places.

13.—(1.) The Minister may by notice in the Gazette appoint or abolish polling places and declare polling places to be the polling places for any specified District.

(2.) The polling places for a District shall be those polling places which are declared by the Minister by Gazette notice to be the polling places for that District and for all electors who are enrolled for that District.

Part IV.—Electoral Rolls.

Electoral Rolls.

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

(2.) There shall be a separate Roll for each District, which may be in accordance with Form 1, and shall contain the particulars indicated therein.

(3.) All the District Rolls shall together form the Roll for the Territory.

Rolls to be printed when Minister directs.

15.—(1.) The Rolls shall be printed or typewritten whenever the Minister so directs.

(2.) Supplemental Rolls, setting out additions since the Rolls were last printed or typewritten, shall be prepared, and wherever practicable printed or typewritten, immediately previous to an election, and at such other times as the Minister directs.

Rolls to be open for inspection.

16.—(1.) Copies of the latest printed or typewritten Roll and Supplemental Roll shall be open for public inspection at the office of the Returning Officer without fee, and shall be obtainable thereat and at such post offices in the Territory as the Returning Officer appoints, on payment of the price prescribed.

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

Sale of Rolls.

17. The prices at which Rolls shall be sold shall be as follow:—

	For Territory.			For a District.
	s.	d.		s.	d.
Principal Roll.....................	2	0	..	0	6
Supplemental Roll..................	1	0		0	3

Officers and others to furnish information.

18. All officers in the public service of the Territory, all police, statistical officers, officers in the service of any local governing body, and all occupiers of habitations shall upon application furnish to the Returning Officer or to any officer acting under his direction all such information as he requires in connexion with the preparation, maintenance or revision of the Rolls.

Part V.—Qualifications and Disqualifications for Enrolment and for Voting.

Persons entitled to enrolment.

19. Subject to the disqualification set out in this Part, all persons not under 21 years of age, whether male or female, married or unmarried—

(a) who have lived in Australia for six months continuously, and

(b) who are natural-born or naturalized subjects of the King,

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

Persons entitled to vote.

20. All persons whose names are on the Roll for the Territory and whose real place of living is in the Territory shall, subject to the Commonwealth Electoral Act, the Northern Territory Representation Act, the Northern Territory (Administration) Act and these Regulations, be entitled to vote at elections, but no person shall be entitled to vote more than once at any election.

Disqualified persons.

21. No person who is of unsound mind, and no person attainted of treason, or who has been convicted and is under sentence for any offence punishable under the law of any part of the King’s Dominions by imprisonment for one year or longer, shall be entitled to have his name placed on or retained on any Roll or to vote at any election.

Other disqualified persons.

22. No aboriginal native of Australia, Asia, Africa, or the Islands of the Pacific (except New Zealand) shall be entitled to have his name placed on or retained on any Roll or to vote at any election unless—

(a) he is so entitled under section forty-one of the Constitution*;

(b) he is a native of British India; or

(c) he is a person to whom a certificate of naturalization has been issued under a law of the Commonwealth or of a State and that certificate is still in force, or is a person who obtained British nationality by virtue of the issue of any such certificate.

Part VI.—Enrolment.

Division 1.—General.

Addition of names to rolls.

23.—(1.) Names may be added to Rolls pursuant to claims for enrolment or transfer of enrolment.

(2.) The form of claim for enrolment or transfer of enrolment, or notification of change of address within a District 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 an elector or person qualified to be an elector of the Territory who shall sign his name as witness in his own handwriting.

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

Enrolment and transfer of enrolment.

24.—(1.) Any person qualified for enrolment, who lives in a District, and has so lived for a period of one month last past, shall be entitled to have his name placed on the Roll for the District in which he lives.

* See section 41 of the Constitution:—

41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall while the right continues be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.

(2.) Any elector whose name is on the Roll for any Subdivision of a Commonwealth Electoral Division or District of the Territory and who lives in any District or other District, and has so lived for a period of one month last past, shall be entitled to have his name transferred to the Roll for the District in which he lives.

(3.) No person is entitled to have his name placed on more than one Roll or upon any Roll other than the Roll for the District in which he lives.

(4.) The validity of any enrolment shall not in any case be questioned on the ground that the person enrolled has not in fact lived in the District for a period of one month.

Compulsory enrolment, transfer and change.

25.—(1.) Every person who is entitled to have his name placed on the Roll for a District whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign, in accordance with the directions printed thereon, a claim in accordance with Form 2, and send or deliver the claim to the Registrar for the District.

(2.) Every person who is entitled to have his name placed on the Roll for a District whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of twenty-one 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 for the District for which he is entitled to be enrolled, a claim in accordance with Form 2 duly filled in and signed in accordance with the directions printed thereon.

Penalty: For a first offence, Ten shillings; and for any subsequent offence, Two pounds.

(3.) Every person who changes his place of living from one address in a District for which he is enrolled to another address in the District, and who, at any time after the expiration of twenty-one days from the date of making the change, has failed to notify the Registrar for the District in accordance with Form 2 of the new address, shall be guilty of an offence.

Penalty: For a first offence, Ten shillings; and for every subsequent offence, Two pounds.

Division 2.—Enforcement of Law in relation to Enrolment.

Inquiry and action by Registrar.

26. The Registrar shall, subject to such directions as he receives from the Returning Officer, make such inquiries from time to time as are practicable in order to ascertain the names of qualified persons who are entitled to enrolment for the District for which he keeps the Roll but are not enrolled therefor, or who have changed their places of living from the addresses in the District in respect of which they are enrolled to other addresses in that District, and shall, if satisfied that a qualified person has failed to comply with the requirements of regulation 25 of these Regulations forthwith notify him of such failure in accordance with Form 8, and inform him that he may reply by declaration in accordance with Form 9 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 or by a Court of Summary Jurisdiction.

Consent to matter being dealt with by Returning Officer.

27. Any person to whom a notification has been sent pursuant to the last preceding 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 notify the Registrar in accordance with Form 10.

Proceedings upon receipt of consent.

28. Upon the receipt from a person who has failed to comply with any of the requirements of regulation 25 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), with a report as to the facts and his opinion thereon, to the Returning Officer.

Returning Officer may impose penalty.

29.—(1.) Subject to such directions as are issued by the Chief Electoral Officer, the Returning Officer shall, upon the receipt of a report from the Registrar in respect of an alleged contravention of regulation 25 of these Regulations, consider all the facts, and, if satisfied that the person concerned has contravened any of the provisions of the regulation, may make an order imposing upon that person a penalty not exceeding Ten shillings for a first offence, and not exceeding Two pounds for any subsequent offence, and notify the Registrar thereof and of the time allowed for payment.

(2.) The Chief Electoral Officer may review any order made by the Returning Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty.

30. The Registrar, upon receipt of advice from the Returning Officer that a penalty has been imposed upon any person for a contravention of regulation 25 of these Regulations shall notify the person in accordance with Form 11.

Action where penalty not paid.

31. Where any person to whom a notification in accordance with Form 11 has been sent fails, within the time allowed, to pay to the Registrar the amount of the penalty imposed by the Returning Officer, 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.

Proceedings in Court of Summary Jurisdiction.

32.—(1.) Where any person to whom a notification in accordance with Form 8 has been sent fails, within the time allowed, 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 to pay the penalty imposed upon him by the Returning Officer his consent is deemed to be of no effect and the order of the Returning Officer is revoked, the Registrar shall, subject to such directions as he receives from the Returning Officer, if he is satisfied that that person has contravened any of the provisions of regulation 25 of these Regulations, cause proceedings to be instituted against him in a Court of Summary Jurisdiction.

(2.) When proceedings in respect of a contravention of regulation 25 of these Regulations are instituted in a Court of Summary Jurisdiction, the Registrar shall cause any declaration received from the person concerned in pursuance of regulation 26 of these Regulations 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 had been given in evidence before it.

Declaration of prosecuting officer to be considered by Court.

33.—(1.) In any prosecution in respect of any contravention of regulation 25 of these Regulations the prosecuting officer may lodge with the Court a statutory declaration, or a declaration before a Justice of the Peace having jurisdiction in the Northern Territory, in support of the charge, and it shall not then be necessary for him to attend at the hearing.

(2.) Where a declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the declaration as if the matter set out therein had been given in evidence before it.

(3.) For the purposes of this regulation, any document purporting to be a declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take declarations.

Division 3.—Registration of Claims.

Registration of claims.

34.—(1.) Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within a District, 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 to the Registrar keeping the Roll from which the elector’s name has been transferred.

(2.) An interim acknowledgment of the receipt, after the issue of the Writ for an election, and before the close of the polling at the election, of a claim for enrolment, or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.

(3.) The Registrar keeping a Roll from which an elector’s name has been transferred, shall upon receipt of a notice of the transfer in accordance with Form 4, remove the elector’s name from the Roll kept by him.

Notification of transfer of enrolment.

35. The notification of the transfer of the enrolment of an elector, or the enrolments of electors, may be in accordance with Form 4.

Reference of claim to Returning Officer.

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

(a) refer the claim, with such observations as he thinks proper, to the Returning Officer for his decision; and

(b) send to the claimant a notification in accordance with Form 5 that the claim has been so referred.

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

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

(4.) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim, the Registrar shall forthwith send to the claimant a notification in accordance with Form 6 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.

37. The Registrar, upon receipt of an electoral claim which is not in order by reason of some formal defect only, may send to the claimant a notification in accordance with Form 7 indicating the nature of the defect, and, as the case requires—

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

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

Time for altering rolls.

38. Notwithstanding anything contained in regulations 34 and 36 of these Regulations—

(a) claims for enrolment or transfer of enrolment which are 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 direction of the Returning Officer no name shall be removed from a Roll pursuant to a notification of 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 and before the close of the polling at the election.

Penalty on officer failing to deal with claim.

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

Penalty: Ten pounds.

Alteration of rolls.

40.—(1.) In addition to other powers of alteration conferred by these Regulations, a Registrar may alter the Roll kept by him by—

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

(b) altering, on the written application of an elector, the original name, address, or occupation of the elector on the same District Roll;

(d) striking out the superfluous entry where the name of the same elector appears more than once on the same District Roll;

(e) reinstating any name removed by mistake as the name of a deceased elector;

(f) reinstating, by direction of the Returning Officer, any name removed as the result of an objection:

Provided that the Returning Officer shall not direct the reinstatement of any such name unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made;

(g) reinstating by direction of the Returning Officer any other name removed by mistake; and

(h) removing a name from the Roll by direction of the Returning Officer where the Returning Officer is satisfied that the elector has ceased to be qualified for enrolment on that Roll and has secured enrolment on the Roll for another District of the Territory or for a Subdivision of a Commonwealth Electoral Division.

(2.) Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a District other than the District in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the Roll for the District in which he was living, the Returning Officer may—

(a) direct the Registrar keeping the Roll on which the elector is entitled to be enrolled to place the name on that Roll and to notify the elector of the change of enrolment; and

(b) direct the Registrar keeping the Roll on which the elector is not entitled to be enrolled to remove the name from that Roll.

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

Reason for each alteration to be recorded.

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

List of Deaths and Marriages to be forwarded.

42. The Registrar of Births, Marriages, and Deaths for the Territory shall, as soon as practicable after the beginning of each month, or at such other times as are arranged with the Returning Officer, forward to the Returning Officer—

(a) a list of the names, addresses, occupations, ages, and sexes and dates of death of all persons of the age of twenty-one years or upwards whose deaths have been registered during the preceding month in the Territory;

(b) particulars of all marriages of women of the age of twenty-one years or upwards which have been registered in the Territory during the preceding month.

List of convictions to be forwarded.

43. The Officer-in-Charge of Prisons shall as soon as practicable after the beginning of each month forward to the Returning Officer a list of the names, addresses, occupations, and sexes of all persons who during the preceding month have been convicted in the Territory and are under sentence for any offence punishable by imprisonment for one year or longer.

Officer to act on receipt of information.

44. The Returning Officer shall, upon receipt of information pursuant to the last two preceding regulations, take action under these Regulations to effect such alterations of the Rolls as are necessary.

Part VII.—Objections and Appeals.

Application of Electoral Act.

45. In the application of Parts VIII. and IX. of the Commonwealth Electoral Act to the Territory any reference to the Divisional Returning Officer shall be read as a reference to the Returning Officer for the Territory.

Form of notice of objection.

46.—(1.) The notice of objection lodged by an elector or officer—not being a Registrar—in respect of a name on a Roll may be in accordance with Form 12.

(2.) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Returning Officer may be in accordance with Form 13.

Notice of objection—non-residence.

47. The notice to be forwarded by the Returning Officer to a person whose name has been objected to upon the ground of non-residence may be in accordance with Form 14.

Notice of objection—other than non-residence.

48. The notice to be forwarded by the Returning Officer to a person whose name has been objected to on a ground other than non-residence may be in accordance with Form 15.

Manner of answering objection.

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

(a) by attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him and making an oral statement to show that the objection is not good; or

(b) by sending by post or delivering to the Returning Officer at his office a statement in writing to show that the objection is not good.

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

Provided that in any case in which, owing to the means of communication, it is impossible for an answer to be received within a period of twenty days after the posting of the notice, the Returning Officer may extend the time for the receipt of the answer for such period as he considers necessary.

Inquiry into objection.

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

Notice of determination of objection.

51.—(1.) Upon determining an objection the Returning Officer shall send notice of his decision in accordance with Form 16 to the objector if the objector is not a Registrar, and to the person objected to if the person objected to has answered the objection within the prescribed period.

(2.) Where an objector is a Registrar notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 13 and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.

Appeal to Court of Summary Jurisdiction.

52.—(1.) An application under Part IX. of the Commonwealth Electoral Act to a Court of Summary Jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment or transfer of enrolment (regulation 36) or of notice of the determination of an objection (regulation 51), and may be made in writing in the form of a complaint setting out the material facts and asking that the Returning Officer 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, but, if he does not desire to appear, he may send the papers to the clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and any such statement shall be considered by the Court at the hearing.

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

Part VIII.—Writ for Election, and Nominations.

Application of Electoral Act.

53. In the application of Part XI. of the Commonwealth Electoral Act any reference to a Divisional Returning Officer shall be read as a reference to the Returning Officer for the Territory, and any reference to a House of Representatives election shall be read as a reference to

an election of a member to represent the Territory or an election of a member (or members) of the Legislative Council for the Territory, as the case may be.

Writs for election.

54.—(1.) The Writ for an election may be in accordance with Form 35 or Form 36, as the case requires, and shall fix the dates for—

(a) the nomination,

(b) the polling, and

(2.) For the purposes of these Regulations a Writ shall be deemed to have been issued at the hour of six o’clock in the afternoon of the day on which the Writ was issued.

(3.) The Writ shall be addressed to the Returning Officer and in the case of an election of a member to represent the Territory may be issued through the Chief Electoral Officer.

(4.) The Chief Electoral Officer may advise the Returning Officer by telegram of the issue of the Writ and the particulars thereof, and for the purposes of this regulation the Returning Officer may act on such advice as if the Writ had been received by him.

(5.) On the receipt of the Writ the Returning Officer shall indorse thereon the date of its receipt, and shall advertise its receipt and particulars in a newspaper circulating in the Territory.

(6.) The date fixed for the nomination of the candidates shall be not less than seven nor more than twenty-one days after the date of the Writ.

(7.) The date fixed for the polling shall be not less than seven nor more than thirty days after the date of nomination.

(8.) The date fixed for the return of the Writ shall be not more than sixty days after the date fixed for the polling.

Nomination of candidates.

55.—(1.) The form of nomination may be in accordance with Form 17 or Form 18, as the case requires, and shall—

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

(b) be signed by not less than six persons entitled to vote at the election.

(2.) The place of nomination shall be the office of the Returning Officer and the hour of nomination shall be twelve o’clock noon on the day of nomination.

(3.) A nomination may be lodged not less than twenty-four hours before the hour of nomination with an Assistant Returning Officer or any Postmaster in the Territory thereto authorized by the Returning Officer and in that case the Assistant Returning Officer or Postmaster shall forthwith telegraph the particulars of the nomination and the deposit to the Returning Officer. A nomination shall not be valid unless it, or the telegraphic particulars of it, reaches the Returning Officer before the hour of nomination.

(4.) In the application of section 73 of the Commonwealth Electoral Act to an election of a member (or members) of the Legislative Council for the Territory the words “Ten pounds” shall be deemed to be substituted for the words “Twenty-five pounds” and in the application of

paragraph (b) of section 76 of that Act to an election of members of the Legislative Council for the District of Darwin the words “average number of first preference votes polled by the successful candidates” shall be deemed to be substituted for the words “total number of first preference votes polled by the successful candidate”.

Part IX.—The Polling.

Division 1.—Voting at a Polling Place.

Returning Officer to make arrangements for poll.

56.—(1.) If the proceedings on the day of nomination stand adjourned to polling day, the Returning Officer shall immediately make all necessary arrangements for taking the poll, and in particular shall—

(a) appoint a presiding officer to preside at each polling place, and all necessary assistant presiding officers and poll clerks;

(b) provide and furnish proper polling booths and ballot-boxes; and

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

(3.) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.

Substitute Presiding Officer.

57. Any presiding officer may appoint a substitute to perform his duties during his temporary absence, and such substitute may, while so acting exercise all the powers of the presiding officer, and shall, in the exercise of those powers, be deemed to be the presiding officer.

No licenced premises to be used.

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

Separate voting compartments.

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

Ballot-boxes.

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

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

Certified list of voters.

61. The certified list of voters to be used by a presiding officer at a polling place shall be the list of the electors on the Roll enrolled for the District for which the polling place is prescribed, certified by the Returning Officer, and shall before the hour of commencing the poll be delivered to the presiding officer for his guidance during the polling.

Ballot-papers.

62. Ballot-papers to be used in an election may be in accordance with Form 19 or Form 20, as the case requires.

Printing of ballot-papers.

63. In printing the ballot-papers—

(a) the names of all candidates duly nominated shall be printed in alphabetical order according to their surnames;

(b) if there are two or more candidates of the same surname, their names shall be printed according to the alphabetical order of their christian names, or, if their christian names are the same, then according to the alphabetical order of their residences, which shall in such case be arranged and stated on the ballot-paper;

(c) where similarity in the names of two or more candidates is likely to cause confusion, the names of such candidates may be arranged with such description or addition as will distinguish them one from another; and

(d) except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.

Ballot-papers to be initialed.

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

Scrutineers at polling.

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

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

Provisions relating to scrutineers.

66.—(1.) A scrutineer shall not—

(a) interfere with or attempt to influence any elector within the polling booth; or

(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his functions.

Penalty: Five pounds.

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

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

Persons present at polling.

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

The polling.

68. The polling shall be conducted as follows:—

(a) Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;

(b) The poll shall open at eight o’clock in the morning, and shall not close until all electors present in the polling booth at eight o’clock in the evening, and desiring to vote, have voted;

(c) The doors of the polling booth shall be closed at eight o’clock in the evening, and no person shall be admitted after that hour to the polling booth for the purpose of voting;

(d) At the close of the poll the presiding officer shall, in the presence of the poll clerk and of any scrutineers who may be in attendance, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by these Regulations:

Provided that, where the scrutiny is proceeded with immediately after the close of the poll at the polling booth at which the votes are taken, it shall not be necessary for the Presiding Officer to close, fasten and seal the ballot-box publicly.

Elections at which electors are entitled to vote.

69.—(1.) An elector enrolled for a District of the Territory shall only be admitted to vote for the election of the member to represent the Northern Territory and for the election of the member (or members) of the Legislative Council to represent the District for which he is enrolled.

(2.) The electoral Rolls in force at the time of the election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector, unless he shows by his answers to the questions prescribed by regulation 72 of these Regulations that he is not entitled to vote.

Where and how electors may vote.

70.—(1.) On polling day, an elector shall be entitled to vote at any prescribed polling place for the District for which he is enrolled.

(2.) An elector whose name is enrolled for a District for which no polling place is prescribed may vote by post in accordance with the provisions of Division 2 of this part of these Regulations.

Persons claiming vote to give names, &c.

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

Questions to be put to voter.

72.—(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 (or these elections, as the case requires)?

(ii) Is your real place of living within the Northern Territory? and

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

(iii) Are you of the full age of twenty-one years?

(iv) Are you a natural-born or naturalized subject of the King?

(v) Are you qualified to vote? 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:—

(vi) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters for this polling place?

(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;

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.

Errors not to forfeit vote.

73. No omission in the Roll or in the certified list of voters of any christian name, or entry of a wrong christian name, or address, or occupation, and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the presiding officer, and no female elector shall be disqualified from voting under the name appearing on the Roll because her surname has been changed by marriage.

Right of elector to receive ballot-paper.

74.—(1.) The presiding officer or a poll clerk shall at the polling hand to each person claiming to vote a ballot-paper, duly initialed by the presiding officer, for the election (or each election, as the case may be) being held in the District on that day—

(a) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is not challenged; or

(b) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is challenged, and his answers to the prescribed questions show that he is entitled to vote.

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

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

List of voters to be marked.

75. Immediately upon handing the ballot-paper (or ballot-papers) to the person claiming to vote, the presiding officer or a poll clerk shall place a mark against the person’s name on the certified list of voters if his name is on that list.

Vote to be marked in private.

76. Except as otherwise provided in these Regulations the voter upon receipt of the ballot-paper (or ballot-papers) shall without delay—

(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper (or ballot-papers);

(b) fold the ballot-paper (or each ballot-paper) so as to conceal his vote and to show clearly the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box; and

Assistance to certain voters.

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

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

(a) the poll clerk; or

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

shall mark, fold, and deposit his ballot-paper (or ballot-papers) for him.

Vote of person whose name has been omitted from or struck out of certified list, or cannot be found thereon.

78.—(1.) Notwithstanding anything contained in these Regulations, when any person who is entitled to be enrolled on the Roll for a District claims to vote at an election at a polling place prescribed for that District, and his name has been omitted from or struck out of the certified list of voters for that polling place owing to an error of an officer or a mistake of fact, or when any person who is enrolled on the Roll for a District claims to vote at an election at a polling place prescribed for that District, and his name cannot be found by the presiding officer on the certified list of voters, he may, subject to the 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 District a duly completed claim for enrolment or transfer of enrolment, as the case requires, in respect of the District, 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 another District or Subdivision; 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 for the District owing to objection, or transfer or duplication of enrolment, or disqualification; and

(ii) he had, from the time of his enrolment for the District to the date of the issue of the Writ for the election, continuously retained his right to enrolment for that District; or

(c) in the case of a person whose name is on the Roll for a District for which he claims to vote 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 22 before the presiding officer at the polling place.

(2.) Where a voter claims to vote under the provisions of this regulation, he shall mark and fold the ballot-paper (or each ballot-paper) in the manner prescribed in these Regulations and return it so folded to the presiding officer.

(3.) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper (or ballot-papers), enclose it (or them) in an envelope bearing the declaration of the voter and addressed to the Returning Officer, and shall forthwith securely fasten the envelope and deposit it in the ballot-box.

(4.) The Returning Officer, on receipt of the envelope containing the ballot-paper (or ballot-papers) as aforesaid, shall, before opening the envelope or allowing any other person to do so, examine the declaration of the voter, and, if it is in order and he is satisfied, after making such inquiry as may be necessary, that the voter is a person to whom paragraph (a), (b) or (c) of sub-regulation (1.) of this regulation applies, cause the ballot-paper (or ballot-papers) to be dealt with in the manner prescribed in connexion with the scrutiny of postal voters’ ballot-papers, and forthwith direct that such correction (if any) as is necessary be made in the Roll by the Registrar, and the correction shall be made accordingly.

(5.) Where the claim of any person to vote under this regulation is refused the presiding officer shall make a note in writing of the fact of the claim and the reasons for the refusal thereof, and the presiding officer and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note.

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

79.—(1.) Notwithstanding anything contained in these Regulations, where a voter, against whose name on the certified list of voters used at a polling place prescribed for the District for which he is enrolled a

mark has been placed, in accordance with regulation 75 of these Regulations, claims to vote in an election at that polling place he may, subject to regulations 20 and 72 of these Regulations, be permitted to vote if he makes a declaration in accordance with Form 21 before the presiding officer at the polling place.

(2.) The ballot-paper (or ballot-papers) of a voter voting under this regulation shall be dealt with in the manner prescribed in sub-regulations (2.), (3.) and (4.) of the last preceding regulation.

Spoilt ballot-paper.

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

How to vote.

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

Adjournment of polling.

82. The presiding officer may adjourn the polling from day to day in any case where the polling is interrupted or obstructed by riot or open violence.

Notice of adjournment to be given.

83. If from any cause any polling booth at a polling place is not opened on polling day the presiding officer may adjourn the polling for a period not exceeding 21 days, and shall forthwith give public notice of the adjournment.

Voting at adjourned polling.

84. Where for any reason the polling is adjourned at any polling place those electors only—

(a) who are enrolled for the District for which the polling place is prescribed, or

(b) who are by virtue of regulation 78 of these Regulations entitled to vote as electors for that District,

and who have not already voted, shall be entitled to vote at the adjourned polling at that polling place.

Division 2.—Voting by Post.

Assistant Returning Officer may exercise powers.

85. An Assistant Returning Officer appointed for a District for which no polling place has been prescribed may perform in respect of that District the duties, and exercise the powers, of the Returning Officer under this Division of this Part of these Regulations.

Electors entitled to vote by post.

86. Subject to these Regulations—

(a) all electors whose names are enrolled on the electoral Roll for a District for which no polling place is prescribed; and

(b) any elector whose name is enrolled on the electoral Roll for a District for which a polling place is prescribed, who—

(i) will not throughout the hours of polling on polling day be within the District, or if he will be within the District will not be within five miles by the nearest practicable route of any polling booth open in the District; or

(ii) is seriously ill or infirm and by reason of such illness or infirmity will be precluded from attending at a polling booth to vote, or in the case of a woman, will, by approaching maternity, be precluded from attending at a polling booth to vote.

shall be entitled to vote by post after the date fixed for the receipt of nominations for an election and not later than eight o’clock in the evening of the day fixed for the close of the polling.

Officers to issue postal votes to electors enrolled for Districts for which no polling place prescribed.

87.—(1.) It shall not be necessary for any elector of the Territory who is enrolled for a District for which no polling place has been prescribed, to make an application for a postal vote certificate and postal ballot-paper.

(2.) It shall be the duty of the Returning Officer or the Assistant Returning Officer, as the case requires, as soon as practicable after the hour fixed for the receipt of nominations of candidates in an election to send by post to each elector whose name appears on the Roll for a District for which no polling place has been prescribed a postal vote certificate and postal ballot-paper (or postal ballot-papers) together with a copy of the “Directions to Elector and Authorized Witness” authorized by the Chief Electoral Officer.

Postal votes issued pursuant to applications.

88.—(1.) An elector who is entitled to vote by post under the provisions of paragraph (b) of regulation 86 of these Regulations, or an elector enrolled for any District of the Territory who will not be within the District for which he is enrolled between the date fixed for the receipt of nominations and the polling day under conditions which will permit of his voting otherwise than pursuant to the application, may, after the tenth day prior to the issue of the Writ for the election and before the polling day for the election, make an application in Form 23 for a postal vote certificate and postal ballot-paper to the Returning Officer, or to the Assistant Returning Officer for the District for which he is enrolled, or, if the elector is in a State, to the Commonwealth Electoral Officer for that State.

(2.) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and postal ballot-paper would in the ordinary course of post be delivered to him:

Provided that the application shall not be deemed to have been duly made unless it reaches the Returning Officer or Assistant Returning Officer or Commonwealth Electoral Officer, as the case requires, before six o’clock in the afternoon of the day immediately preceding the polling day for the election.

(3.) Upon receipt of an application for a postal vote certificate and postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, if satisfied that the application is duly signed by the applicant elector and is properly witnessed, shall deliver or post to the elector a postal vote certificate and a postal ballot-paper for the election (or each election, as the case may be) being held in respect of the District for which the elector is enrolled, together with a copy of the “Directions to Elector and Authorized Witness” authorized by the Chief Electoral Officer.

Applications to be numbered and dealt with.

89.—(1.) All applications for postal vote certificates and postal ballot-papers received by the Returning Officer or an Assistant Returning Officer shall be numbered consecutively, duly indorsed, and kept by him or forwarded by post to the Assistant Returning Officer for the District for which the elector is enrolled, as the case requires, and shall be open to public inspection at all convenient times during office hours until the election can no longer be questioned.

(2.) Where an application is received pursuant to regulation 88 of these Regulations by a Commonwealth Electoral Officer and a postal vote certificate and postal ballot-paper (or postal ballot-papers) is or are issued in respect of such application the Commonwealth Electoral Officer shall forthwith number the application and forward it by post to the Returning Officer, or the Assistant Returning Officer for the District for which the elector is enrolled, as the case requires.

Certificates to be numbered to correspond with applications.

90. The Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, shall number each postal vote certificate with the consecutive number corresponding with the number on the application, and shall initial on the back each postal ballot-paper issued.

Persons claiming to vote whose names noted on certified list as persons to whom postal vote issued.

91.—(1.) The Returning Officer or Assistant Returning Officer, as the case requires, shall note on the certified list of voters the name of each elector to whom a postal vote certificate and postal ballot-paper have been issued pursuant to an application.

(2.) An elector to whom a postal vote certificate and postal ballot-paper have been issued pursuant to an application shall not be entitled to vote at a polling booth unless he first delivers to the presiding officer for cancellation his postal vote certificate and postal ballot-paper.

(3.) Notwithstanding anything contained in the last preceding regulation where a person whose name has been noted on a certified list of voters used at a polling place as an elector to whom a postal vote certificate and postal ballot-paper have been issued claims to vote at that polling place, and states, when requested to deliver to the presiding officer for cancellation his postal vote certificate and postal ballot-paper, that he has not received a postal vote certificate or postal ballot-paper, he may, subject to regulation 72 of these Regulations, be permitted to vote if he signs and makes a declaration in accordance with Form 21 before the presiding officer at the polling place.

Form of postal vote certificate.

92. A postal vote certificate may be in accordance with Form 24, and may be printed on an envelope addressed to the Returning Officer or the Assistant Returning Officer for the District for which the elector is enrolled, as the case requires.

Postal ballot-papers.

93.—(1.) The postal ballot-paper may be in accordance with Form 25 or Form 26, as the case requires.

(2.) The names shall be arranged in the ballot-papers in the order prescribed in regulation 63.

(3.) Before issuing a postal ballot-paper the Returning Officer, Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, shall fill in the numbers required to complete the “Directions” thereon and the full names of all the candidates in the order prescribed in sub-regulation (2.) of this regulation if the numbers and names are not already printed thereon.

Postal vote papers to be delivered or sent to applicant.

94. The postal vote certificate and postal ballot-paper (or postal ballot-papers) shall be delivered by the Returning Officer, the Assistant Returning Officer, or Commonwealth Electoral Officer, as the case requires, to the applicant elector personally, or sent by post to him at the place stated in his application in accordance with the provisions of sub-regulation (2.) of regulation 88 of these Regulations.

Postal ballot-box.

95. The Returning Officer and the Assistant Returning Officers shall each keep a locked and sealed ballot-box with the words “Postal Ballot-box” marked thereon, and shall place and keep therein, until the scrutiny, all envelopes containing postal ballot-papers received by him up to the time prescribed for the receipt of those ballot-papers.

Authorized witnesses.

96.—(1.) Subject to the next succeeding sub-regulation, the following persons shall be authorized witnesses within the meaning of these Regulations:—

The Returning Officer for the Territory, the Assistant Returning Officer for a District of the Territory, the Electoral Registrar for a District of the Territory; all postmasters and postmistresses or postal officials in charge of post offices and all mail contractors in the Territory; all magistrates and justices of the peace of the Territory; all adult teachers in the Territory; all officers of the Department of Trade and Customs in the Territory; all officers in charge of lighthouses and all assistant lighthouse keepers in the Territory; all members of the police force of the Territory; all legally qualified medical practitioners in the Territory; all nurses, registered by the Nurses Board of the Territory; all secretaries of hospitals in the Territory; all officers in charge of telegraph stations in the Territory; all telegraph line repairers in the Territory who are in charge of working parties; all railway stationmasters and night officers in charge and all permanent-way inspectors and roadmasters in the Territory; all surveyors in charge of survey camps in the Territory; all officers in charge of well-boring parties in the Territory; all managers of experimental farms in the Territory; all engineers, accountants, timekeepers and gangers engaged on railway or road construction or maintenance in the Territory; all station owners in the Territory; all public telephone-keepers, mine managers, station managers, and station overseers in the Territory; all persons in charge of mission stations and all missionaries at mission stations in the Territory; all officers of His Majesty’s Naval, Military and Air Forces in the Territory; and, where an elector is in a State, all those persons who are authorized witnesses within the meaning of section 91b of the Commonwealth Electoral Act.

(2.) No person who is a candidate at any election shall be an authorized witness at that election.

Directions for postal voting.

97. In the recording of votes under this Division, the following directions are to be substantially observed:—

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

(b) The form of declaration (printed on the envelope bearing the postal vote certificate) shall after being filled up, be signed in the place provided, by the elector with his personal signature in the presence of the authorized witness;

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

(d) The elector shall, then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper (or each ballot-paper) in accordance with the directions printed thereon, and shall fold the ballot-paper so that the vote cannot be seen, and hand it so folded to the authorized witness;

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

(f) If the elector satisfies the authorized witness that his sight is so impaired or that he is so physically incapacitated that he is unable to vote without assistance, he may appoint a person to assist him to vote, and in that case the authorized witness shall—

(i) fill in the form of declaration with the required particulars relating to the enrolment of the elector, as requested by such elector;

(ii) read over to the elector the form of declaration;

(iii) require the elector to sign the form of declaration—

(a) in his own handwriting if he is able to do so; or

(b) with his mark as his personal signature if he is unable to sign his name in his own handwriting;

(iv) cause the signature of the elector, if made by means of a mark, to be witnessed by another elector;

(v) complete and attest the declaration;

(vi) permit the person appointed by the elector to mark and fold the ballot-paper (or ballot-papers) for the elector; and

(vii) enclose the ballot-paper (or ballot-papers) in the envelope addressed to the Returning Officer or the Assistant Returning Officer, fasten the envelope and hand it to the elector, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer or the Assistant Returning Officer, as the case requires;

(g) If any elector to whom the last preceding paragraph applies fails to appoint a person to assist him to vote, or, if any elector satisfies the authorized witness that he is so illiterate that he is unable to vote without assistance the authorized witness shall take the action indicated in sub-paragraphs (i) to (v) (inclusive) of that paragraph, and shall then, in the presence of another elector—

(a) mark and fold the ballot-paper (or ballot-papers) for the elector; and

(b) deal with it (or them) in the manner directed in sub-paragraph (vii) of that paragraph;

(h) The authorized witness shall not unless—

(a) the elector’s sight is so impaired or he is so physically incapacitated that he is unable to vote without assistance and no person is appointed by the elector to mark his vote for him; or

(b) the elector is so illiterate that he is unable to vote without assistance,

look at, or make himself acquainted with, the vote given by the elector, and, except as provided in paragraphs (f) and (g) of this sub-regulation, shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote.

Division 3.—Compulsory Voting.

List of electors who failed to vote.

98.—(1.) The list of the names and descriptions of the electors enrolled for a District who did not vote at an election, which is required to be prepared by the Assistant Returning Officer for the District in respect of which he is appointed to perform the duties of Assistant Returning Officer, under the provisions of sub-section (2.) of section 128a of the Commonwealth Electoral Act, may be prepared in separate District Lists, which may be certified in accordance with Form 27.

(2.) All the District Lists shall together form the List for the Territory.

Notice to elector on list and reply by elector.

99.—(1.) The notice to be sent under the provisions of sub-section (4.) of section 128a of the Commonwealth Electoral Act to each elector whose name appears on the list shall be posted within three months after the close of the election.

(2.) The notice may be in accordance with Form 28.

(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 29.

(4.) The witness shall be an elector or a person qualified to be an elector of the Commonwealth or of the Territory.

Action where reason considered insufficient.

100.—(l.) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Assistant Returning Officer, is not a valid and sufficient reason for that failure, the Assistant Returning Officer shall, after indorsing on the list prepared by him his opinion

in accordance with sub-section (8.) of section 128a of the Commonwealth Electoral Act, notify the elector, in accordance with Form 30, of his opinion, and inform him that he has the option of having the matter dealt with by the Returning Officer or by a Court of Summary Jurisdiction.

(2.) Any elector 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 notify the Assistant Returning Officer in accordance with Form 31, and may deposit with the Assistant Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Returning Officer imposes upon him.

(3.) Upon the receipt from an elector who has failed to vote—

(a) of a notification consenting to the matter being dealt with by the Returning Officer and to abide by the decision of that officer; and

(b) of the deposit specified in the last preceding sub-regulation,

the Assistant Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Assistant Returning Officer’s opinion thereon, to the Returning Officer.

Returning Officer may impose penalty.

101.—(1.) Subject to such directions as are issued by the Chief Electoral Officer, the Returning Officer shall, upon the receipt from an Assistant Returning Officer of the documents mentioned in the last preceding regulation, 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 penalty not less than Ten shillings nor more than Two pounds, and notify the Assistant Returning Officer thereof and the time allowed for payment.

(2.) Any penalty imposed by the Returning Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 102 of these Regulations.

(3.) The Chief Electoral Officer may review any order made by a Returning Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty.

102. The Assistant Returning Officer upon receipt of advice from the Returning Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12.) of section 128a of the Commonwealth Electoral Act, may appropriate the deposit or portion thereof in payment of the penalty, shall notify the elector, in accordance with Form 32, of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.

Proceedings in Court of Summary Jurisdiction for failure to vote.

103. Subject to such directions as are issued by the Chief Electoral Officer, the Assistant Returning Officer 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 by an elector, and the elector has not, within the time allowed, intimated that he consents to the matter being dealt with by the Returning Officer, and deposited the sum specified in sub-regulation (2.) of regulation 100 of these Regulations; 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 by an elector; 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 by an elector,

forthwith cause proceedings to be taken against the elector in a Court of Summary Jurisdiction.

Court to consider elector’s reply stating reason for failure to vote.

104.—(1.) In any proceedings which are instituted in a Court of Summary Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Assistant 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 printed on the back of the form of summons.

Proceedings in Court for failure by elector to reply to notice issued.

105.—(1.) In any proceedings in a 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, 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 seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting 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 prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.

(2.) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.

(3.) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out 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 prosecution, do so without awarding the defendant the costs of his defence.

(4.) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.

Evidence in Court of Summary Jurisdiction.

106.—(1.) In any prosecution in a Court of Summary Jurisdiction in respect of any contravention of paragraphs (a) or (b) of sub-section (12.) of section 128a of the Commonwealth Electoral Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 33, together with a certified extract in accordance with Form 34, and it shall not then be necessary for him to attend at the hearing.

(2.) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution by any witness who is summoned by, or attends on behalf of, the prosecuting officer.

(3.) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.

Part X.—The Scrutiny.

Division 1.—General Provisions.

The Scrutiny.

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

Scrutineers at the scrutiny.

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

The scrutiny—how conducted.

109. The scrutiny shall be conducted as follows:—

(a) It shall commence as soon as practicable after the closing of the poll;

(b) Such scrutineers as have been duly appointed pursuant to the last preceding regulation, and any persons approved by the officer conducting the scrutiny, may be present;

(d) The scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.

Action on objections to ballot-papers.

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

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

Informal ballot-papers.

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

(a) it is not authenticated by the initials of the proper officer, or by an official mark as prescribed by these Regulations;

(b) it has no vote indicated on it or it does not indicate the voter’s first preference for one candidate and his contingent votes for all the remaining candidates:

Provided that, where the voter has indicated his first preference for one candidate and his contingent votes for all the remaining candidates except one and the square opposite the name of that candidate has been left blank, it shall be deemed that the voter’s preference for that candidate is his last and that accordingly he has indicated the order of his preference for all the candidates:

Provided further that, where there are two candidates only and the voter has indicated his vote by placing the figure 1 in the square opposite the name of one candidate and has left the other square blank, the voter shall be deemed to have indicated the order of his preference for all the candidates;

(c) it has upon it any mark or writing (not authorized by these Regulations to be put upon it) by which, in the opinion of the Returning Officer, or the Assistant Returning Officer, as the case requires, the voter can be identified:

Provided that paragraph (c) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of these Regulations;

(d) in the case of a postal vote it is not contained in the envelope bearing the postal vote certificate and the declaration of the elector.

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

Officer not to mark ballot-paper except as authorized.

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

Penalty: Ten pounds.

Division 2.—Provisions relating to the Scrutiny of Ballot-papers in Form 19 or 20.

Scrutiny of ordinary votes.

113. The scrutiny of ballot-papers in Form 19 or Form 20 shall, subject to the provisions of these Regulations, be conducted in the following manner:—

The Returning Officer (or Assistant Returning Officer, as the case may be) 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 all polling places within the District;

(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;

(d) make out and sign a statement (which may be countersigned by a presiding officer or a poll clerk, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers, and if he is an Assistant Returning Officer transmit that information by telegram or other expeditious means to the Returning Officer forthwith;

(e) place in a separate parcel all the ballot-papers which have been rejected as informal; and

(f) 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 endorsement.

Division 3.—Provisions relating to the Scrutiny of Postal Votes.

Assistant Returning Officer may exercise powers.

114. An Assistant Returning Officer appointed for a District may perform in respect of that District the duties, and exercise the powers, of the Returning Officer under this Division of this Part of these Regulations.

Scrutiny of postal votes.

115.—(1.) The scrutiny of postal votes recorded on or before the day fixed for the polling and received by the Returning Officer or the Assistant Returning Officer, as the case requires, within forty days after the day fixed for the polling shall be conducted, with the assistance of an officer of the Public Service of the Commonwealth or the Territory, in the presence of such authorized scrutineers as choose to attend and any other persons approved by the Returning Officer or Assistant Returning Officer, as the case requires.

(2.) In the absence of evidence to the contrary, the date appearing in the declaration of an elector shall be taken as the date upon which the elector’s vote was recorded.

Manner of preliminary scrutiny of postal votes.

116. The Returning Officer, or the Assistant Returning Officer, as the case requires, shall—

(a) at such intervals as he determines, after the close of the polling, produce and open the postal voters’ ballot-box in which the envelopes containing the voters’ ballot-papers have been placed and produce unopened all envelopes containing postal votes, received within forty days after polling day:

Provided that the Returning Officer or Assistant Returning Officer, as the case requires, shall, as far as practicable, keep in the ballot-box sufficient envelopes containing ballot-papers to insure that all ballot-papers, when counted, shall be taken from a number sufficient to prevent the identity of voters from being disclosed;

(b) compare the signature of the elector on his declaration with the signature of the same elector on his application, or if there is no application, on his claim for enrolment kept by the Registrar, and allow the scrutineers to inspect both signatures, for which purpose the Registrar shall make the claim cards available to the Returning Officer or Assistant Returning Officer, as the case requires;

(c) if satisfied that the voter’s signature on his declaration is that of the elector who signed the application or the claim for enrolment and that the signature purports to be witnessed by an authorized witness, accept the ballot-paper for further scrutiny, and place a mark against the name of the elector on a certified copy of the Roll to be used by him for the purpose of the scrutiny, but if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained;

(d) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons whose ballot-papers have been accepted for further scrutiny;

(e) place in another parcel the unopened envelopes bearing the declarations of those persons whose ballot-papers he has disallowed, fasten, and seal the parcel, indorse thereon the words “Postal voters’ ballot-papers rejected at the preliminary scrutiny”, and add the name of the District, his signature, and the date;

(f) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the address side of each envelope shall be visible;

(g) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with;

(h) without further examining the certificate or declaration of any voter or permitting any other person to do so, withdraw from the envelope each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon

a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;

(i) place the envelopes in a parcel, indorsed with the words “Envelopes bearing postal voters’ declarations from which ballot-papers have been withdrawn for further scrutiny”, fasten and seal the parcel, and add the name of the District, his signature, and the date.

Further scrutiny of postal votes.

117.—(1.) At the further scrutiny, the Returning Officer or the Assistant Returning Officer, as the case requires, shall, at such intervals as, he determines, open the ballot-box referred to in regulation 116 (h) of these Regulations, examine the postal voters’ ballot-papers contained therein, and shall take similar action to that set out in sub-paragraphs (b), (c), (d), (e), and (f) of regulation 113 of these Regulations.

(2.) The Assistant Returning Officer shall, after each examination of postal ballot-papers and counting of the first preference votes thereon, inform the Returning Officer by telegram or other expeditious means of the total number of first preference votes given for each candidate on all ballot-papers scrutinized by him to that date and the total number of informal votes.

Division 4.—Scrutiny of Votes Recorded under Regulations 78, 79 and 91.

Scrutiny of regulation votes.

118. The provisions relating to the scrutiny of postal votes shall be applied as nearly as practicable to the scrutiny of votes recorded in pursuance of regulations 78, 79, and sub-regulation 3 of regulation 91 of these Regulations.

Division 5.—Mode of Determining the Result of the Scrutiny.

(a) election of a member of the house of representatives for the territory.

Determination of result of election of member of House of Representatives for Territory.

119.—(1.) The Returning Officer, from the scrutiny of the votes counted by him, and from the information received from the Assistant Returning Officers, shall ascertain the total number of first preference votes given for each candidate.

(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 a second count shall be made. For the purpose of the second count the Returning Officer shall notify the Assistant Returning Officers of the name of the candidate who has received the fewest first preference votes.

(4.) On the second count the sealed parcels of ballot-papers may be opened by the Returning Officer or the Assistant Returning Officer, as the case requires. The candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference. The Assistant Returning Officer shall communicate, by

telegram, the result of the count made by him, to the Returning Officer, who shall from the information so received and from the count made by him ascertain the result of the second count.

(5.) If a candidate then has an absolute majority of votes he shall be elected, but 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 by the Returning Officer, and by the Assistant Returning Officer under the directions of the Returning Officer until one candidate has received an absolute majority of votes.

(6.) The candidate who has received an absolute majority of votes shall be elected.

(7.) 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.

(b) election of a member (or members) of the legislative council for the territory.

Determination of result of election of member (or members) of Legislative Council for Territory.

120.—(1.) The Returning Officer, or the Assistant Returning Officer, as the case may be, shall ascertain the total number of first preference votes given for each candidate.

(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 votes a second count shall be made.

(4.) On the second count the sealed parcels of ballot-papers may be opened by the Returning Officer or the Assistant Returning Officer, as the case requires. The candidate who has received the fewest first preference votes shall be excluded and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference.

(5.) If a candidate then has an absolute majority of votes he shall be elected, but 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 order of the voter’s preference shall be repeated until one candidate has received an absolute majority of votes.

(6.) The candidate who has received an absolute majority of votes shall be elected.

(7.) Where two members of the Legislative Council are required to be elected for a District the following further action shall be taken—

(i) The Returning Officer, or the Assistant Returning Officer, as the case may be, shall rearrange all the ballot-papers under the names of the respective candidates in accordance with the first preference indicated thereon, except

that each ballot-paper on which a first preference for the elected candidate is indicated shall be placed in the parcel of the candidate next in order of the voter’s preference;

(ii) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes the scrutiny shall proceed as provided in sub-regulation (5.) of this regulation until one candidate has received an absolute majority of votes;

(iii) The candidate who has received an absolute majority of votes shall be elected.

(8.) 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 or the Assistant Returning Officer, as the case requires, shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Returning Officer, or the Assistant Returning Officer, as the case requires, 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.

Further provisions relating to scrutiny.

121.—(1.) In these Regulations an “absolute majority of votes” means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The casting vote of the Returning Officer (or the Assistant Returning Officer, as the case may be), given in pursuance of regulation 119 or 120, shall be included in reckoning an absolute majority of votes.

(2.) The Returning Officer, and the Assistant Returning Officer, conducting the scrutiny shall, in respect of ballot-papers, respectively scrutinized by them—

(a) place in a separate parcel all the ballot-papers which have been rejected as informal;

(b) place in a separate parcel all the unrejected ballot-papers; and

(c) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.

Scrutiny may proceed in certain circumstances without awaiting postal votes.

122. Where the Returning Officer is satisfied that the votes on any postal ballot-papers which have been issued under these Regulations, but which have not been received by him or the Assistant Returning Officer for the District for which the elector is enrolled, cannot, having regard to the number of those ballot-papers, possibly affect the result of the election, the Returning Officer may, subject to the concurrence of the Chief Electoral Officer, cause the scrutiny to be proceeded with without awaiting the receipt of the postal ballot-papers.

Division 6.—Recount of Ballot-papers.

Recount of ballot-papers.

123.—(1.) At any time before the declaration of the result of an election the Returning Officer or the Assistant Returning Officer may, if he thinks fit, on the request of any candidate setting forth the reasons

for the request, or of his own motion, and shall, if so directed by the Chief Electoral Officer, recount the ballot-papers contained in any parcel.

(2.) The Returning Officer or Assistant Returning Officer when conducting a recount shall have the same powers as if the recount were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot-paper.

(3.) The officer conducting a recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Judge of the Territory.

(4.) The Judge of the Territory shall decide whether any ballot-paper, reserved for his decision in pursuance of this regulation, is to be allowed and admitted or disallowed and rejected.

Consideration of ballot-papers by Court of Disputed Returns.

124. In the event of the validity of an election being disputed, the Court of Disputed Returns may consider any ballot-papers which were reserved for the decision of the Judge of the Territory, but shall not order any further recount of the whole or any part of the ballot-papers in connexion with the election unless it is satisfied that the recount is justified.

Proceedings at recount.

125.—(1.) Before proceeding to recount any ballot-papers, the Returning Officer or Assistant Returning Officer, as the case requires, shall send to each candidate notice of the time and place fixed for the recount.

(2.) The Returning Officer or Assistant Returning Officer, as the case requires, shall, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance, and of an officer of the Public Service of the Commonwealth or the Territory, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.

(3.) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any indorsements on the parcel, and every care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.

(4.) After a parcel has been opened and the votes therein counted, the ballot-papers shall be replaced in their original cover, which shall be resealed, refastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact and date of the recount, and shall be signed by the Returning Officer or Assistant Returning Officer, as the case requires, and such persons authorized to be present at the recount as choose to add their signatures.

(5.) When any ballot-papers are, at a recount, reserved for the decision of the Judge of the Territory, the Returning Officer or Assistant Returning Officer, as the case requires, shall, in the presence of the scrutineer or scrutineers in attendance, place the ballot-papers in a properly fastened and sealed parcel bearing his signature and the signature or signatures of the scrutineer or scrutineers, together with

an indorsement setting forth the number of ballot-papers contained therein, the election to which the ballot-papers relate and the date; and shall place the parcel in a fastened and sealed outer cover fully addressed to the Judge of the Territory, and forthwith personally deliver the parcel to him or transmit it to him by registered post.

(6.) On receipt of the parcel, the Judge of the Territory shall, in the presence of an officer of the Public Service of the Commonwealth or the Territory, and, if any, candidate so desires, in the presence of a person appointed by that candidate, open the parcel and scrutinize the ballot-papers and shall mark each ballot-paper “Admitted” or “Rejected” according to his decision to admit or reject the ballot-paper.

(7.) When the Judge of the Territory has given his decision on the ballot-papers, he shall restore them to their original cover, refasten, and reseal the cover, and indorse thereon:—

(a) the number of ballot-papers contained therein;

(b) a statement that such ballot-papers have been the subject of decision by him;

and shall request the persons in whose presence he scrutinized the ballot-papers to add their signatures, and shall then place the parcel in a new cover, which he shall fasten, seal, and forthwith return by registered post to the Returning Officer or Assistant Returning Officer, as the case requires.

(8.) The Judge of the Territory shall advise the Returning Officer or Assistant Returning Officer, as the case requires, in writing, as to the number of ballot-papers admitted or rejected by him, and the Judge’s decision shall be accepted by the Returning Officer or Assistant Returning Officer, as the case requires, in completing his recount of the ballot-papers.

(9.) The receipt of every parcel of ballot-papers shall be acknowledged in writing by the Judge of the Territory and the Returning Officer or Assistant Returning Officer respectively.

Part XI.—Return of the Writ.

Declaration of result of election and return of Writ.

126.—(1.) The Returning Officer 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, or names of the candidates, elected;

(b) by indorsement under his hand certify on the Writ the name of the candidate, or names of the candidates, elected, and return the Writ.

(2.) Where the Returning Officer is satisfied—

(a) that certain postal ballot-papers cannot reach him or the Assistant Returning Officer for the District for which the elector is enrolled for the purpose of the scrutiny without unduly delaying the declaration of the poll; and

(b) that the votes recorded on those ballot-papers could not possibly affect the result of the election,

he may subject to the concurrence of the Chief Electoral Officer declare the result of the election and return the Writ without awaiting the receipt of the postal ballot-papers.

Part XII.—Miscellaneous.

Undertaking by officers and scrutineers.

127.—(1.) The 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 37.

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

Official mark.

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

Withdrawal of consent to nomination.

129. The notice of withdrawal by a candidate of his consent to nomination may be in accordance with Form 38, and shall be signed by the candidate in the presence of the officer with whom the nomination was lodged or of a Justice of the Peace.

Sealed parcels to be preserved.

130. The Returning Officer and Assistant Returning Officers shall preserve all the sealed parcels of ballot-papers until the authority of the Chief Electoral Officer has been obtained for their destruction.

Sealed parcels not to be opened except by authority.

131.—(1.) The sealed parcels of ballot-papers may only be opened—

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

(b) by direction of the Court of Disputed Returns.

(2.) The sealed parcel of postal vote certificates and declarations may only be opened—

(a) by direction of the Court of Disputed Returns; or

(b) by the Returning Officer (or an Assistant Returning Officer) subject to such directions as he may receive from the Chief Electoral Officer, for the purpose of instituting any authorized official inquiry.

Forms.

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

Application of Electoral Act.

133.—(1.) In the application of the Commonwealth Electoral Act in the Northern Territory the following sections are excepted, namely, sections 33-35, sections 65, 66, 67 and 136a, and sub-section (2.) of section 142.

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

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

(b) is further modified and adapted in the manner indicated in the Second Schedule to these Regulations.

FIRST SCHEDULE.

——

Form 1. Regulation 14.

Commonwealth of Australia,

ELECTORAL ROLL.

the northern territory.

Roll of Electors for the District of [here insert the name of District]. 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 23.

[Front of Form.]

Commonwealth of Australia,

the northern territory.

Before filling in or witnessing this claim, carefully read instructions on other side.

ELECTORAL CLAIM.

Particulars for Enrolment.

Surname—

Christian Names—

(In full)

Place of Living—

(Give full address)

Occupation— Sex

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

(*See Instruction (d) on other side.)

Date and year Place of Former of birth birth Surname*

To the Electoral Registrar for the District of the Northern Territory.

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

2. I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am qualified to be enrolled as an elector.

3. I claim to have my name and particulars for enrolment placed on the Electoral Roll for the abovenamed District, 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 Subdivision (or District) in respect of the following address in that Subdivision (or District) namely:—

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

Personal Signature

of Claimant Date / /19

I, the undersigned, am an elector or a person qualified to be an elector of the Northern Territory, and I certify that I have seen the above-named claimant sign the above claim, and that I either know the statements contained in the claim to be true or have satisfied myself by inquiry of the claimant or otherwise that the said statements are true. (Penalty on witness for failure to fully comply with this requirement—£50.)

Personal signature of witness (in own handwriting)

Occupation Place of living

Form 2—continued.

[Back of Form.]

This form may be used only by a qualified person not under the age of 21 years, (a) when claiming enrolment or transfer of enrolment, or (b) when notifying a change of address within the same District or applying for the correction of any particulars of an existing enrolment.

Instructions to be Observed when Filling in Particulars on the other Side of this Claim.

(a) Place of living.—Full address, including name and street number (if any) of habitation must be inserted.

(b) Paragraph 4 should be struck out if claimant is NOT already enrolled.

(c) Personal Signature of Claimant.—The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

(d) Former surname is to be filled in only in the case of a married woman who has changed her name by marriage since her last enrolment.

Note.—The claimant should see that he receives an a acknowledgment of this claim in due course.

Instructions to Person Witnessing Electoral Claim.

(i) The person witnessing an electoral claim must be an elector, or a person qualified to be an elector, of the Territory.

(ii) A person shall not sign his name as witness—

(a) on any blank electoral claim; or

(b) on any electoral claim which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

(c) on any electoral claim unless he has seen the person, whose signature he purports to witness, sign it. Penalty—Fifty pounds.

(iii) A person shall not write on any electoral claim as his own name (a) the name of another person; or (b) any name not being his own name. Penalty—Fifty pounds.

This space to be filled in by Electoral Registrar—

Rec’d (date) Reg’d (date)

Ack’d (date) Initials

N.B.—An elector may only have his name placed upon the Roll for the District in which he lives. Electoral Forms for public use may be obtained from any Post Office in the Territory.

Form 3. Regulation 34.

[Front of Form.]

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

ACKNOWLEDGMENT OF RECEIPT OF ELECTORAL CLAIM.

To the Elector whose name appears on the back hereof.

Your electoral claim/communication dated has been received and, pursuant

thereto, your enrolment for the District of the Northern

Territory has been effected or adjusted as required.

Form 3—continued.

Points for Elector to Remember—

1. You should bear in mind the name of the District for which you are enrolled and retain this acknowledgment as evidence of your enrolment.

2. Voting at Commonwealth Elections is compulsory.

3. Correct enrolment is compulsory, therefore—

(a) If you change your place of living from the address in the District for which you are enrolled to another address in the same District you should, within 21 days after making such change, notify the Electoral Registrar for the District of your new address, in the prescribed form.*

(b) If you change your place of living to any other District of the Territory or to any Subdivision of an Electoral Division of a State you should, after you have lived in that District or Subdivision for a period of one month, send or deliver to the Electoral Registrar for the District or Subdivision a claim for transfer of enrolment, in the prescribed form,* within 21 days after the expiration of that period.

Failure to comply with the provisions of paragraphs (a) and (b) above will render you liable to a penalty not exceeding £2 (Two pounds).

* Obtainable at any post office.

Electoral Registrar for the above-named District.

Date— Address—

Note to Elector.—An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living for the purposes of transfer of enrolment, or change of address on the Roll.

Directions to Registrar.—The Registrar will strike out the words “Electoral claim “or the word communication” as the case requires.

[Back of Form.]

O.H.M.S.

Commonwealth Electoral

Paper only. Post Free.

To—

M..............................

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

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

Form 4. Regulation 35.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION OF TRANSFER OF ENROLMENT.

To the Electoral Registrar for the Subdivision or District of

You are requested to remove from the Roll for the abovementioned Subdivision or District the name of each elector in the following schedule, on the ground that the elector has now been enrolled by me, in pursuance of a claim for transfer of enrolment, for this District.

Form 4—continued.

Schedule.

Particulars appearing in claim for transfer received by me.				Address of Elector in Roll kept by you as set out in Paragraph 4 of claim for transfer received by me.		(To be filled in by Registrar to whom notification addressed.)
Surname.	Christian Names (in full).	Occupation.	Sex.			Name removed (date).	Elector’s Number on Roll (if name in print) or Date of Enrolment (if name in manuscript).	Remarks.

Electoral Registrar for the District of the Northern Territory.					Received (Date)—
Date—					Acted upon and forwarded to Divisional Returning Officer, or Returning Officer for the Territory, as the case requires (Date)—
					Signature of Registrar—

Form 5. Regulation 36 (1) (b).

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION TO CLAIMANT OF REFERENCE OF ELECTORAL CLAIM.

To—

As I am not satisfied that you are entitled to be enrolled in pursuance of your claim, dated the , I am referring the claim to the Returning Officer for his decision.

Upon receipt of the Returning Officer’s decision you will be duly notified in accordance therewith.

Electoral Registrar for the District of the Northern Territory.

(Address)

Dated the day of 19

Form 6. Regulation 36 (4.)

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION TO CLAIMANT OF REJECTION OF ELECTORAL CLAIM.

To—

You are hereby notified that your claim to be enrolled on the Electoral Roll for the District of the Northern Territory has been rejected by the Returning Officer on the ground that [here specify reason for rejection].

You are entitled, at any time within one calendar month after the receipt of this notification, to appeal to a Court of Summary Jurisdiction for an order directing that your name may be added to the Roll.

Electoral Registrar for the District of the Northern Territory.

(Address)

Dated the day of 19

Form 7. Regulation 37.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION TO CLAIMANT OF FORMAL DEFECT IN ELECTORAL CLAIM.

To—

Your claim to be enrolled on the Electoral Roll for the District of the Northern Territory is defective by reason of [here set out nature of defect].

*The claim is forwarded herewith for completion or correction and return to me without delay.

*Please complete the accompanying fresh form of Claim and return it to me without delay.

Electoral Registrar for the District of the Northern Territory.

(Address)

Dated the day of 19 .

* The Registrar will strike out whichever of these paragraphs is not applicable to the case.

Form 8. Regulation 26.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION TO A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 25 [here insert number of sub-regulation] OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

To—

You are hereby notified that from information laid before me, it would appear that on the day of 19 , at in the Northern Territory [here insert nature of contravention alleged] and I do therefore allege that you have contravened the provisions of regulation 25 [here insert number of sub-regulation] of the Northern Territory Electoral Regulations.

A contravention of the regulation mentioned is punishable by a penalty not exceeding Ten shillings for the first offence and not exceeding Two pounds for any subsequent offence.

You have the option of having the alleged contravention dealt with by the Returning Officer for the Territory (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 an elector, or a person qualified to be an elector, of the Commonwealth or of the Northern Territory, the form of consent at the foot of this form, and send it or deliver it to me so as to reach me not later than the day of 19 .

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.

Form 8—continued.

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 District of the Northern Territory.

(Address).

Form 9. Regulation 26.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

DECLARATION OF PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 25 OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

(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 an elector, or a person qualified to be an elector, of the Commonwealth or of the Northern Territory, certify that I have seen the above-named person sign the above declaration.

(Signature of witness)

(Occupation)

(Address)

Note.—Any person who makes an untrue statement in an electoral paper is guilty of an offence, and is liable to a penalty not exceeding Twenty pounds.

Form 10. Regulation 27.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

CONSENT OF PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 25 OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS TO THE MATTER BEING DEALT WITH BY THE RETURNING OFFICER FOR THE TERRITORY.

To the Electoral Registrar

for the District of the Northern Territory.

I, of

having received from you a notification alleging that I have contravened the provisions of regulation 25 of the Northern Territory Electoral Regulations hereby consent to have the matter dealt with by the Returning Officer for the Territory and 1 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, an elector, or a person qualified to be an elector, of the Commonwealth or of the Northern Territory.

Form 11 Regulation 30.

Commonwealth of Australia.

the Northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTIFICATION OF PENALTY IMPOSED BY RETURNING OFFICER FOR CONTRAVENTION OF REGULATION 25 OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

To—

You are informed that pursuant to your notification of consent dated the day of 19 , the Returning Officer for the Territory has dealt with the matter of your contravention of Regulation 25 of the Northern Territory Electoral Regulations, and that he has imposed upon you a penalty of

You are hereby required to pay the amount to me not later than the day of 19 .

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 Electoral Registrar for the District. 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 the Returning Officer shall be deemed to have been of no effect and the order of the Returning Officer shall be revoked and in lieu thereof proceedings may be instituted against you in a Court of Summary Jurisdiction.

Electoral Registrar

for the District of the Northern Territory.

(Address)

(Date)

Form 12. Regulation 46 (1).

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

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTICE OF OBJECTION.

To the Returning Officer for the Northern Territory.

I object to the name of—

No. on Roll.	Surname.	Christian Names at full length.	Place of Living as appearing on Roll.	Occupation.	Place of Abode for time being, if known to the objector.

being retained on the Electoral Roll for the District of the Northern Territory, on the ground that [here insert ground of objection].

(Signature)

(Occupation)

(Address.)

Dated the day of 19 .

Form 13. Regulation 46 (2).

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

[Front of Form.]

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

District of the Northern Territory.

NOTICE OF OBJECTION.

To the Returning Officer.

I object to each undermentioned name being retained on the Electoral Roll for the above-named District on the ground [here insert ground of objection].

Registrar for the District.

Dated the day of 19 .

Persons Objected to.			Place of living as appearing on Roll.	Occupation.	Place of Abode for time being, if known to Registrar.	Registrar’s Initials.
No. on Roll.	Surname.	Christian Names at full length.

Note.—This form must be prepared in triplicate, one form retained by the Registrar and the other two furnished to the Returning Officer.

[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. (See Sec. 57 of the Commonwealth Electoral Act and Regulation 49)

(3) Answers received from—

___________________________________________________________________

Notification to the Registrar for the District.

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

___________________________________________________________________

(b) You are hereby directed to forthwith remove from the Roll for the District 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 Northern Territory All necessary action taken in accordance with the above direction.

Registrar for the District.

Form 14. Regulation 47.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral 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.

[Insert in address full Christian names and surname, occupation, and place of abode for the time being, if known to the Returning Officer, or, if not so known, place of living as appearing on Roll.]

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 Electoral Roll for the District of the Northern Territory on the ground that you do not live in the District and have not so lived for at least one month last past.

You are entitled at any time within 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 at 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 days from the posting of this notice.

If you claim that your place of living is still in the District, 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 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 Northern Territory” shall be visible, and send or deliver the notice to me with reply attached.

If you have ceased to live in the District 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 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 Northern Territory.

(Postal address)

Dated the day of , 19 .

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

Reply.

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

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

2. My place of living is still in the District of [here insert the name of District] for which I retain my qualification for enrolment.

(Personal signature of elector)

[To be made in presence of witness.]

(Address in District)

Witness to signature—

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

(Occupation)

(Place of living)

Dated the day of , 19 .

Form 15. Regulation 48.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral 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.

[Insert in address full Christian names and surname, occupation, and place of abode for the time being, if known to the Returning Officer, or, if not so known, place of living as appearing on Roll.]

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 Electoral Roll for the District of the Northern Territory on the following grounds, namely:—[Here insert grounds of objection.]

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

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 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 Northern Territory” 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.

Returning Officer for the Northern Territory.

(Postal address)

Dated the day of , 19 .

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

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 follow:—

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

(Personal signature of elector)

[To be made in presence of witness.]

(Address in District)

Witness to signature—

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

(Occupation)

(Place of living)

Dated the day of , 19 .

Form 16. Regulation 51.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

NOTICE OF DETERMINATION OF OBJECTION.

To—

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 Electoral Roll for the District of the Northern Territory and have decided—

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

(b) to dismiss the objection and to retain the said name on the said Electoral 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 Northern Territory.

Dated the day of , 19 .

Form 17. Regulation 55.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Representation Act 1922-1936.

NOMINATION OF A MEMBER OF THE HOUSE OF REPRESENTATIVES FOR THE NORTHERN TERRITORY.

To the Returning Officer for the Northern Territory.

We, the undersigned electors on the Electoral Roll for the Northern Territory, and entitled to vote at the Election of a Member of the House of Representatives for the said Territory, do hereby nominate [here insert the christian 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 Territory.

Dated the day of , 19 .

Signature of Nominator.	Place of Living.	District for which enrolled.

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 Northern Territory.

(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 18. Regulation 55.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory (Administration) Act 1910-1947.

NOMINATION OF A MEMBER OF THE LEGISLATIVE COUNCIL FOR THE NORTHERN TERRITORY.

To the Returning Officer for the Northern Territory.

We, the undersigned electors on the Electoral Roll for the Electoral District of the Northern Territory, and entitled to vote at the Election of a Member (or Members) of the Legislative Council for the said District, do hereby nominate [here insert the christian name or names in full, surname, place of residence, and occupation of person nominated] as a Member of the Legislative Council for the above-named District.

Dated the day of 19 .

Signature of Nominator.	Place of living for which enrolled in above-named District.

I, of consent to the above nomination and to act if elected and declare that I am qualified under the laws of the Commonwealth to be elected as a member of the Legislative Council for the Northern Territory.

(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 19. Regulation 62.

Ballot-paper.

Commonwealth of Australia.

the northern territory.

ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES FOR THE NORTHERN TERRITORY.

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 20. Regulation 62.

Ballot-paper.

Commonwealth of Australia.

the northern territory.

Electoral District of .

ELECTION OF ONE MEMBER [or TWO MEMBERS, as the case requires] OF THE LEGISLATIVE COUNCIL FOR THE NORTHERN TERRITORY.

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 21. Regulations 79 and 91 (3.).

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF REGULATIONS 79 OR 91 (3.) OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

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

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

I, (a) of (b)

One of these paragraphs —as the case requires—should be struck out.

(1) My name appears on the certified list of voters used at the undernamed polling place opposite the number on the said list.

(2) I claim to vote under the provisions of Regulation 79 of the Northern Territory Electoral Regulations. I have not voted in connexion with the election for the Northern Territory being held this day, notwithstanding that a mark has been placed opposite my name on the said list to indicate that a ballot-paper has been issued to me at the polling;

or,

(2) I claim to vote under the provisions of Regulation 91 (3.) of the Northern Territory Electoral Regulations. I have not received a postal vote certificate or a postal ballot-paper in connexion with the election for the Northern Territory being held this day, notwithstanding that my name has been noted on the said list as that of an elector to whom a postal vote certificate and postal ballot-paper have been issued.

(Personal signature of voter)

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

Presiding Officer.

Note.—A person making any untrue statement in this Declaration is liable to a Penalty of Twenty Pounds.

Form 21—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 72) initial and hand to the voter one ballot-paper headed “Regulation 79”, or “Regulation 91 (3.)”, as the case requires, for the election (or each 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 (or ballot-papers) handed to him, in the manner directed thereon; (ii) fold the ballot-paper (or ballot-papers) in such a manner as to conceal the vote marked thereon, and at once return it (or them) 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 (or ballot-papers) 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 (or ballot-papers), will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper (or ballot-papers) received from that voter in the envelope bearing the declaration of the voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.

Form 22. Regulation 78.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF REGULATION 78 OF THE NORTHERN TERRITORY ELECTORAL 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.

(d) Date of Issue of Writ.

I, (a) of (b)

That I am entitled to be enrolled on the Electoral Roll for the District of the Northern Territory.

That after becoming qualified for enrolment for such District I sent or delivered to the Registrar for the District 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.

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 District and did not become qualified for enrolment for any other District or Subdivision.

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 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.

NOTE.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

Form 22—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 72) initial and hand to the voter one ballot-paper (headed “Regulation 78”) for the election (or each 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 (or ballot-papers) handed to him, in the manner directed thereon; (ii) fold the ballot-paper (or ballot-papers) in such a manner as to conceal the vote marked thereon, and at once return it (or them) 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 (or ballot-papers) 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 (or ballot-papers), will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper (or ballot-papers) received from that voter, in the envelope bearing the declaration of the voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.

FORM 23. Regulation 88 (1).

This application should be made and sent, after the tenth day prior to the issue of the writ for the election to which it relates and before polling day, to the Returning Officer for the Territory, or to the Assistant Returning Officer for the District for which the applicant is enrolled, as the case requires, or if the elector is outside the Territory to a Commonwealth Electoral Officer of a State. Unless the application reaches the officer to whom it is addressed before six o’clock in the afternoon of the day immediately preceding the polling day a postal vote certificate or postal ballot-paper shall not be issued in respect of it.

In order that a Postal Ballot-paper issued pursuant to this application may be admitted to the scrutiny, the envelope in which it is contained must be received within forty days after polling day by the Returning Officer or Assistant Returning Officer, as the case requires.

Commonwealth of Australia.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN ELECTOR ENROLLED FOR THE NORTHERN TERRITORY.

Note—An elector enrolled for the District of Batchelor or Stuart who will not be absent from the District for which he is enrolled between the nominations and polling day, is not required to send an application for a Postal Ballot-paper. It is the duty of the Returning Officer (or Assistant Returning Officer) to post the necessary documents to him to enable him to vote by post.

To the Returning Officer for the Northern Territory.—*

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

I, (1) hereby apply for a Postal Vote Certificate and Postal Ballot-paper to enable me to vote by post at the next forthcoming Election.

Note—Election in this application means an election of a member of the House of Representatives for the Territory or an election of a member (or members) of the Legislative Council for the Territory, or both of them as the case requires.

I declare—

(1) That I am an elector enrolled on the Electoral Roll for the District of the Northern Territory.

(2) That my real place of living is in the Northern Territory.

Form 23—continued.

(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 District for which I am enrolled or if I will be within that District I will not be within five miles by the nearest practicable route of any polling booth open in that District;

(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;

(d) that I will not, between the date of the nominations and polling day, be within the District for which I am enrolled, under conditions that will permit of my voting in that District.

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

(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:—

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

Penalty: Fifty pounds, or imprisonment for one month.

Signed by the elector with his personal signature in my presence—

(Signature of witness)—

[in own handwriting.]

(A person whose name appears on the roll of electors for the Northern Territory, or a State, or the Australian Capital Territory.)

(Personal signature of elector.)

(Address of witness)—

Dated at the day of 19 .

* If the application is made to the Assistant Returning Officer for the District for which the applicant is enrolled or to the Commonwealth Electoral Officer of a State, the application should be altered accordingly.

Obligations of Elector Witnessing an Application for a Postal Vote Certificate and Postal Ballot-paper.

An elector shall not witness the signature of any elector to an application for a Postal Vote Certificate and Postal Ballot-paper unless—

(a) he has satisfied himself as to the identity of the applicant;

(b) he has seen the applicant sign the application with his personal signature; and

(c) he knows that the statements contained in the application are true, or has satisfied himself by inquiry from the applicant or otherwise that the statements contained in the application are true.

The elector witnessing the application shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the date.

Any such elector shall not persuade or induce, or associate himself with any person in persuading or inducing, any person to make application for a Postal Vote Certificate and Postal Ballot-paper.

Penalty: Fifty pounds, or imprisonment for one month.

Penalty for Failure to Post or Deliver Application for Postal Vote Certificate and Postal Ballot-paper.

Any person to whom an application for a Postal Vote Certificate and Postal Ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Returning Officer, Assistant Returning Officer or Commonwealth Electoral Officer and who fails to forthwith post or deliver the application shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for one month.

Form 24. Regulation 92.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

POSTAL VOTE CERTIFICATE.

I hereby certify that of is entitled (subject to the provisions of the Northern Territory Electoral Regulations ) to vote by post in respect of the Electoral District of at the House of Representatives election, or Legislative Council election, or both of them, as the case requires, to be held on Saturday 19 .

Returning Officer for the Northern Territory, or

Assistant Returning Officer for the above-named District, or

Commonwealth Electoral Officer for the State of

Date 19 .

Declaration to be made by an Elector of the Northern Territory Voting by Post.

I declare that I am the person enrolled as—

Surname.	Christian Names (in full).	Place of Living (as appearing on roll).	Occupation.

on the Electoral Roll for the above-named District of the Northern Territory.

That my real place of living is in the Northern Territory; that I have not already voted in connexion with the election to which the above Certificate relates; and I promise and declare that if I am permitted to vote I will not again vote in connexion with the said election.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or for the purpose of voting at the election, or wilfully make any false statement in this declaration, I will be prosecuted and am liable to imprisonment for two years.

(Personal signature of elector.)

Signed before me at the day of 19 .

(Signature of authorized witness*)

(Title under which witness acts as authorized witness (in full))

(Address of witness)

* No person, other than a person indicated in the list of authorized witnesses printed on the “Directions to Elector and Authorized Witness” issued by the Chief Electoral Officer, is authorized to act as an authorized witness for the purposes of postal voting by an elector of the Northern Territory.

Notes.—(1) This envelope, containing the postal ballot-paper marked by the voter, should be forthwith posted or delivered to the Returning Officer or Assistant Returning Officer to whom it is addressed.

(2) Any person to whom this envelope containing the ballot-paper is entrusted by the voter for the purpose of posting or delivery to the Returning Officer or Assistant Returning Officer, who fails to forthwith post or deliver the envelope, shall be guilty of an offence. Penalty: Fifty pounds or imprisonment for one month.

(3) No person other than the Returning Officer or Assistant Returning Officer to whom this envelope is addressed, or an officer acting under his directions, shall open the envelope after the elector’s vote has been placed therein and the envelope has been fastened by an authorized witness.

Form 25. Regulation 93 (1).

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.

Commonwealth of Australia.

the northern territory.

ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES FOR THE NORTHERN TERRITORY.

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 ar 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 so that the vote cannot be seen and hand it so folded to the Authorized Witness.

Candidates.

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

Note.—Unless the elector’s vote is marked on the ballot-paper on or before polling day, namely the [here insert date of polling day] and is received by the Returning Officer or Assistant Returning Officer, as the case requires, within forty days after that day, it will not be admitted to the scrutiny.

Form 26. Regulation 93 (1).

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.

Commonwealth of Australia.

the northern territory.

Electoral District of

ELECTION OF ONE MEMBER (or TWO MEMBERS, as the case requires) OF THE LEGISLATIVE COUNCIL FOR THE NORTHERN TERRITORY.

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; fold the ballot-paper so that the vote cannot be seen and hand it so folded to the Authorized Witness.

Form 26—continued.

Candidates.

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

Note.—Unless the elector’s vote is marked on the ballot-paper on or before polling day, namely the [here insert date of polling day] and, is received by the Returning Officer or Assistant Returning Officer, as the case requires, within forty days after that day, it will not be admitted to the scrutiny.

Form 27. Regulation 98.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

District of

LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS ENROLLED FOR THE ABOVE-NAMED DISTRICT WHO DID NOT VOTE AT THE ELECTION HELD ON THE DAY OF , 19 .

I, , of , Assistant Returning Officer for the District of , do solemnly and sincerely declare that the names on the within print of the roll for the above-mentioned District against which a mark indicating the electors who voted at the election has not been placed, constitute the list of the names and descriptions of the electors enrolled for the said District 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 1918-1946.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1944 conscientiously believing the statements contained therein to be true in every particular.

Declared at the day of , 19 .

Assistant Returning Officer for the District of

Before me—

, J.P.

Form 28. Regulation 99 (2).

[Front of Form.]

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

(Section 128a (4).)

The Northern Territory Electoral Regulations.

District 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 Commonwealth Electoral Act 1918-1946 on , the , and you are hereby called upon, in pursuance of section 128a of the said Act, to give a valid, truthful, and sufficient reason why you failed so to vote.

Form 28—continued.

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 an elector or a person qualified to be an elector;

(c) fold the form so that the address “Assistant Returning Officer for the District of ,” shall be visible, and post it so as to reach me on or before the*

Assistant Returning Officer for the above-named District.

(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 twenty-one days after the posting of this notice.

Form 29. Regulation 99 (3).

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

I, , do hereby declare that the following is the true reason why I* failed to vote at the election held under the Commonwealth Electoral Act 1918-1946, on , the day of , 19 .

†

(Personal signature of elector).

I, the undersigned, being an elector or a person qualified to be an elector of the Commonwealth or of the Northern Territory, 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 filled 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.

[Back of Form.] Post Free.

Commonwealth Electoral Papers only.

M ............................

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

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

Every elector who—

(a) fails to vote at an election without a valid and sufficient reason for such failure; or

(b) on receipt of a notice in accordance with sub-section (4.) of section 128a of the Commonwealth Electoral Act 1918-1946, fails to fill up, sign, and post, within the time specified in the notice, the form (duly witnessed) attached thereto; or

(c) states in such form a false reason for not having voted or, in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, states in such form a false reason why that other elector did not vote,

is guilty of an offence and liable to a penalty of not less than Ten shillings and not more than Two pounds.

Commonwealth Electoral Papers only. Post Free.

The Assistant Returning Officer for the District of

Form 30. Regulation 100 (1).

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

District 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 Commonwealth Electoral Act 1918-1946, on , the ; and

(2) that you have the option of having the matter dealt with by the Returning Officer for the Northern Territory (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, 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 * to be appropriated in payment or part payment of the penalty, if any, which the Returning 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.

Assistant Returning Officer for the above-named District.

(Address)

Date , 19 .

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

Form 31. Regulation 100 (2).

FORM OF CONSENT TO BE USED BY AN ELECTOR WHO DESIRES TO HAVE HIS CASE DEALT WITH BY THE RETURNING OFFICER FOR THE NORTHERN TERRITORY.

To the Assistant Returning Officer for the above-named District.

I, , of , enrolled as an elector on the roll for the above-named District, having failed to vote at the election held under the provisions of the Commonwealth Electoral Act 1918-1946, 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 Returning Officer for the Northern Territory, and to abide by his decision.

I enclose herewith the sum of , and I agree that the said sum may be appropriated in payment or part payment of any penalty (not exceeding Two pounds, without costs) which the Returning Officer may impose upon me.

(Personal signature of elector)

I, the undersigned, being an elector, or a person qualified to be an elector, of the Commonwealth or of the Northern Territory, certify that I have seen the above-named elector sign the above form.

(Signature of witness (in own handwriting) )

(Occupation)

(Address)

Date , 19 .

Form 32. Regulation 102.

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

District of .

No. on roll .

NOTIFICATION OF PENALTY FOR FAILURE TO VOTE.

To—

You are notified that, pursuant to your notification of consent dated the day of , the Returning Officer for the Northern Territory has dealt with the matter of your contravention of paragraph (a) of sub-section (12.) of section 128a of the Commonwealth Electoral Act 1918-1946, and that he has imposed upon you a penalty of

The deposit made by you has been appropriated in payment [or part payment—as the case may be] of the said penalty.

Assistant Returning Officer for the District of (Address)

Date , 19 .

Form 33. Regulation 106 (1).

Commonwealth of Australia.

the northern territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

In the Police Court

Between Informant or Complainant.

And Defendant.

STATUTORY DECLARATION.

I, , of , Assistant Returning Officer for the Northern Territory do solemnly and sincerely declare—

(a) Informant or Complainant.

(1) That I am the Assistant Returning Officer for the District of , and am the (a) herein, and that I am duly authorized in writing by the Chief Electoral Officer to institute these proceedings.

(2) That the defendant on the day of , 19 , was enrolled as an elector on the Electoral Roll for the District of the Northern Territory.

(3) That the paper writing on the back of this declaration contains a true extract from the list prepared and endorsed by me under the provisions of the Commonwealth Electoral Act 1918-1946 and of the Regulations made thereunder.

And I make this declaration by virtue of the Statutory Declarations Act 1911-1944 conscientiously believing the statements therein to be true in every particular.

Declared at the day of , 19 .

Before me—

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.

A Statutory Declaration may be made before—

(i) A Police, Stipendiary, or Special Magistrate, or a Justice of the Peace; or

(ii) A Commissioner for Affidavits; or

(iii) A Commissioner for Declarations; or

(iv) A Notary Public.

COMMONWEALTH OF AUSTRALIA. FORM 34.

Regulation 106 (1). The Northern Territory.

The Commonwealth Electoral Act 1918-1946. The Northern Territory Electoral Regulations.

District of.....................

Extract from LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS ENROLLED FOR THE ABOVE-MENTIONED DISTRICT WHO DID NOT VOTE AT THE ELECTION HELD ON , the...............................................

No. on roll.	Name and Description of Elector—	Notification to Elector. Sub-section (4.), Section 128a, of the Commonwealth. Electoral Act.	Elector’s Reply.			Further action under Regulation 100.			Subsequent proceedings (if any).
			Date to be in hands of Assistant Returning Officer.	Whether received by Assistant Returning Officer.(a)	Whether reason stated in reply is, in the opinion of the Assistant Returning Officer, a valid and sufficient reason for failure to vote.	Notification to Elector that reply is not considered a valid and sufficient reason for failure to vote. Date sent.	Consent of Elector to matter being dealt with by the Returning Officer.
		Date sent.					Date to be in hands of the Assistant Returning Officer.	Whether received by Assistant Returning Officer. (a)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)

(a) Insert in this column “Yes” and date of receipt if a reply has been received, or “No” if a reply has not been received.

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

Assistant Returning Officer

for the District of........

Section 128a (11.) of the Commonwealth Electoral Act provides:—The list prepared and indorsed by the Assistant Returning Officer, indicating—

and any extract therefrom, certified by the Assistant Returning Officer under his hand, shall in all proceedings be prima facie evidence of the contents of such list or extract, and of the fact that the electors whose names appear therein did not vote at the election, and that the notice specified in sub-section (4.) of this section was received by those electors, and that those electors did or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed under sub-section (5.) of this section.

(a) the names of the electors who did not vote at the election;

(b) the names of the electors from whom or on whose behalf the Assistant Returning Officer received, within the time allowed under sub-section (5.) of this section, forms properly filled up and signed; and

Form 35. Regulation 54.

WRIT FOR THE ELECTION OF A MEMBER OF THE HOUSE OF REPRESENTATIVES FOR THE NORTHERN TERRITORY.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Representation Act 1922-1936.

Commonwealth of Australia.

His Majesty the King.

To Returning Officer for the Northern Territory.

Greeting:

We command you that you cause election to be made according to law of one Member of the House of Representatives for the Northern Territory, to serve in the Parliament of Our Commonwealth of Australia, and We appoint the following dates for the purposes of the said election:—

1. For nomination the day of 19 .

2. For taking the poll at the different polling places in the event of the election being contested the day of 19 .

3. For the return of the Writ on or before the day of 19 .

Witness [here insert the Governor-General’s title] the

day of in the year of our Lord One thousand nine hundred and

By His Excellency’s command,

Form 36. Regulation 54.

WRIT FOR THE ELECTION OF MEMBERS OF THE LEGISLATIVE COUNCIL FOR THE NORTHERN TERRITORY.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory (Administration) Act 1910-1947.

Commonwealth of Australia.

His Majesty the King.

To Returning Officer of the Northern Territory.

Greeting:

We command you that you cause election to be made according to law of two Members of the Legislative Council for the Electoral District of Darwin, and one Member of the Legislative Council for each of the Electoral Districts of Batchelor, Tennant Creek, Alice Springs and Stuart respectively, to serve in the Legislative Council for the Northern Territory, and We appoint the following dates for the purposes of the said election:—

1. For nomination the day of 19 .

2. For taking the poll at the different polling places in the event of the election being contested the day of 19 .

3. For the return of the Writ on or before the day of 19 .

Witness , Administrator of the Northern Territory the day of in, the year of our Lord One thousand nine hundred and .

Administrator.

Form 37. Regulation 127.

Commonwealth of Australia.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

UNDERTAKING TO BE MADE BY OFFICERS AND SCRUTINEERS.

I [here insert name, address, and occupation] do hereby promise and undertake that I will faithfuly 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 38. Regulation 129.

Commonwealth of Australia.

the Northern Territory.

The Commonwealth Electoral Act 1918-1946.

The Northern Territory Electoral Regulations.

FORM OF WITHDRAWAL BY CANDIDATE OF CONSENT TO NOMINATION.

To the Returning Officer for the Northern Territory:

I [here insert christian names, surname, place of residence, and occupation] do hereby withdraw my consent to nomination as a Member of the House of Representatives for the Northern Territory [or, as a member of the Legislative Council for the Northern Territory for the Electoral District of , as the case requires], 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.

Regulation 133.

THE SECOND SCHEDULE.

——

Modifications and adaptations of the Commonwealth Electoral Act 1918-1946 in its application in the Northern Territory:—

Section of Act.	Manner of Modification or Adaptation.
5	For definition of “Justice of the Peace” substitute following definition:— “‘Justice of the Peace’ means a Justice of the Peace having jurisdiction as such in the Northern Territory;” Omit from definition of “Officer” the words “and any Commonwealth Electoral Officer for a State, Divisional,” and the words “and Doorkeeper”. Omit from definition of “Registrar” the word “Divisional”. Omit from definition of “Returning Officer” the word “Divisional”.
94	For “a Divisional” substitute “the”.
98	From sub-section (2.) omit “Divisional”.
128a	For “Divisional” (wherever occurring) substitute “Assistant”. For “his Division” in sub-section (2.) substitute “the District in respect of which he is appointed to perform the duties of Assistant Returning Officer”.
144	For “twenty days” substitute “forty days”. For “State or Division for which the election is to be held” substitute “Territory”.
151	For “Commonwealth Electoral Officer for the State” (wherever occurring) substitute “Returning Officer for the Territory”.
152	For “Commonwealth Electoral Officer for the State” substitute “Returning Officer for the Territory”.
	In sub-section (4.), after “State”, insert “and the Northern Territory”.
153	For “Commonwealth” substitute “the Northern Territory”. For “Commonwealth Electoral Officer for the State” in which the newspaper is published substitute “Returning Officer for the Territory”.
164	For “the election of a Member of the Senate, or of the House of Representatives or for the taking of a referendum vote” (wherever occurring) substitute “an election”.
176	After “State” insert “or of the Northern Territory”.
210	For “Commonwealth Electoral Officer for a State, or Divisional Returning Officer “substitute” or the Returning Officer”.
212	For “Divisions and Subdivisions” substitute “Districts”. For “any State” substitute “the Northern Territory”. For “one State to another” substitute “the Northern Territory to a”.

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

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