STATUTORY RULES.

1912. No. 67.

PROVISIONAL REGULATIONS RELATING TO JOINT ELECTORAL ROLLS IN THE STATE OF TASMANIA.

WHEREAS pursuant to the Commonwealth Electoral Act and the Electoral Acts of the State of Tasmania, the Governor-General of the Commonwealth of Australia has entered into an arrangement with the Governor of the said State for the preparation, alteration, and revision jointly of Commonwealth and House of Assembly Electoral Rolls in the said State:

And whereas it is desirable for the purpose of carrying the said arrangement into effect for the Governor-General and the Governor of the said State to respectively make Regulations under the said Acts:

Now, therefore, I, the Governor-General, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commonwealth Electoral Act 1902–1911 to the intent that they shall have force in relation to the joint Rolls to be prepared and kept in the State of Tasmania in pursuance of the said recited arrangement:

And, further, I certify that, on account of urgency, the said Regulations should come into operation forthwith as Provisional Regulations:

And I, the Governor of the State of Tasmania, acting with the advice of the State Executive Council, do hereby make the following Regulations under the Electoral Acts 1907 and 1911 of the said State to the intent that they shall have full force in relation to the joint Rolls to be prepared and kept in the State of Tasmania in pursuance of the said recited arrangement.

Dated the twentieth day of March, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By command of His Excellency the Governor-General—

KING O’MALLEY,

Minister of State for Home Affairs.

Dated the fourth day of March, One thousand nine hundred and twelve.

HARRY BARRON,

Governor of the State of Tasmania.

By command of His Excellency the Governor of Tasmania—

G. H. BUTLER,

Chief Secretary.

Application of Regulations.

These Regulations supersede the Regulations relating to joint Electoral Rolls in the State of Tasmania, Statutory Rules 1909, No. 29.

C.14109.—Price 5d.

Definitions.

1. In these regulations—

“The Minister” means the Minister administering the Commonwealth Electoral Act or the Minister administering the Electoral Acts Tasmania, as the case requires.

“The Commonwealth Electoral Act” means the Act or Acts of the Commonwealth for the time being in force relating to Parliamentary elections.

“The Electoral Acts, Tasmania,” means the Act or Acts of the State of Tasmania for the time being in force relating to Parliamentary elections.

“The Returning Officer” means the Returning Officer for the Commonwealth Division and the House of Assembly District, or either, as the case requires.

“The Electoral Registrar” means the Electoral Registrar for the Commonwealth Subdivision and the House of Assembly Subdistrict or either as the case requires.

“Division” includes District, and “Subdivision” includes Subdistrict unless the contrary intention appears.

Change of Electors from One Roll to Another under Section 26 of the Commonwealth Electoral Act.

Com. s. 26.

2. (1.) When any directions are issued by the Minister in accordance with Section 26 of the Commonwealth Electoral Act for the change of electors from one Roll to another, effect shall be given to those directions by removing the names of the electors from the Roll from which they are changed and by inserting the names so removed on the Roll to which they are changed.

(2.) Notice of the change shall be sent by post to each elector concerned and may be in accordance with the following form:—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act.

To—

You are hereby informed that, as a Commonwealth Elector, your name has, in accordance with the provisions of Section 26 of the Commonwealth Electoral Act, been removed from the Roll for the                            Subdivision of the Electoral Division of                             and has been placed on the Roll for the                                          Subdivision of the Electoral Division of

Electoral Registrar for the Subdivision.

Address

Dated the day of 19

(3.) Where—

(a) A Subdivision is abolished and the Minister directs that all electors whose names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or

(b) the boundaries of a Division are altered and any Subdivision becomes changed from one Division to another Division, and all electors whose names are on the Roll for the Subdivision become changed from the Roll for that Subdivision to one Subdivision Roll for the other Division;

public notice of the change may be given in the Commonwealth Gazette and in some newspaper circulating in the part affected, and in that case the notice specified in paragraph (2) of this Regulation need not be given.

Form of Joint Roll.

Com. s. 29.

Tas. s. 19.

3. (1.) The Roll to be used jointly for Commonwealth elections and also for State elections for the House of Assembly may be in accordance with the following form, and shall contain the particulars indicated therein :—

19 .

Commonwealth of Australia.

State of Tasmania.

Electoral Roll.

Commonwealth Division of [here insert name of Division].

State Assembly District of [here insert name of District].

Roll of Electors for the Commonwealth Subdivision and State Subdistrict of [here insert name of Subdivision (Subdistrict)].

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

[Here follow names, &c.]

Footnotes.

* Not enrolled on this Roll as a House of Assembly Elector.

o Not enrolled on this Roll as a Commonwealth Elector.

M signifies Male. F signifies Female.

(2.) Where a person whose name is on the joint Roll is not enrolled thereon as a House of Assembly elector, an asterisk (*) shall be placed against his name to indicate that he is not so enrolled.

(3.) Where a person whose name is on the joint Roll is not enrolled thereon as a Commonwealth elector, a circle (o) shall be placed against his name to indicate that he is not so enrolled.

Sale of Rolls.

4. (1.) The prices at which Rolls are sold shall be as follows:—

(2) Moneys received from the sale of joint Rolls shall be divided equally between the Commonwealth and the State.

Rolls to be open to Public Inspection.

Com. s. 35 (2).

Tas. s. 26 (2).

5. Every Roll kept by an Electoral Registrar shall be open to public inspection, without fee, at the Office of the Registrar, at all convenient times during his ordinary office hours.

Form of Electoral Claim for the Commonwealth and the House of Assembly.

6. A claim for enrolment, transfer, or change of enrolment shall be valid for the Commonwealth notwithstanding it contains a claim for enrolment, transfer, or change of enrolment for both the Commonwealth and the House of Assembly, and a claim for enrolment, transfer, or change of enrolment shall be valid for the House of Assembly notwithstanding it

A 2

contains a claim for enrolment, transfer or change of enrolment for both the House of Assembly and the Commonwealth. Any such claim for enrolment, transfer or change of enrolment may be in accordance with the following combined form:—

[Front of Form.]

Form to be used by a person qualified for enrolment or requiring a transfer or change of enrolment as an Elector for both the Commonwealth and the House of Assembly of Tasmania.

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Electoral Claim.

To the Electoral Registrar

for the Subdivision (Subdistrict) of

Division (District) of

1.—I am an inhabitant of Australia and have lived in Tasmania for six months continuously.

2.—I claim to have my name placed on the Electoral Roll for the Subdivision (Subdistrict) of   in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

3.—I am not under the age of 21 years.

4.—I am a natural-born or naturalized subject of the King.

5.—I am not disqualified from voting.

6.—My name is on the Electoral Roll for*

* Here insert the name of the Subdivision (Subdistrict) and Division (District), or if NOT already enrolled insert the words “NO OTHER SUBDIVISION (SUBDISTRICT).”

I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.

Personal Signature

of Claimant

Dated the day of 19

I, the undersigned, being an elector or person qualified to be an elector for the Commonwealth and the House of Assembly of Tasmania, certify that I have seen the above-named Claimant sign the above Claim.

Witness to Signature—

Occupation—

Place of Living—

Under the Commonwealth law, any person who witnesses the signature of the Claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the Claimant or otherwise that the statements contained in the Claim are true, is guilty of an offence, and liable to a penalty of £50.

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.

N.B.—An elector may only have his name placed upon the Roll for the Subdivision (Subdistrict) in which he lives. A map and description of the boundaries of the Subdivision (Subdistrct) and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.

Form of Electoral Claim for the Commonwealth only.

7. A claim for enrolment, transfer or change of enrolment for the Commonwealth only may be in accordance with the following combined form :—

[Front of Form.]

Form to be used by a person qualified for enrolment or requiring a transfer or change of enrolment as an Elector for the Commonwealth only.

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act.

Electoral Claim.

To the Electoral Registrar

for the Subdivision of

Division of

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

2.—I claim to have my name placed on the Electoral Roll for the Subdivision of                                              in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

3.—I am not under the age of 21 years.

4.—I am a natural-born or naturalized subject of the King.

5.—I am not disqualified from voting.

6.—My name is on the Electoral Roll for*

* Here insert the name of the Subdivision and Division, or if NOT already enrolled insert the words “NO OTHER SUBDIVISION.”

I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.

Personal Signature

of Claimant

Dated the day of 19

I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named Claimant sign the above Claim.

Witness to Signature—

Occupation—

Place of Living—

Any person who witnesses the signature of the Claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the Claimant or otherwise that the statements contained in the Claim are true, is guilty of an offence, and liable to a penalty of £50.

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.

N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.

Form of Electoral Claim for the House of Assembly only.

8. A claim for enrolment, transfer, or change of enrolment for the House of Assembly only may be in accordance with the following combined form :—

[Front of Form.]

Form to be used by a person qualified for enrolment or requiring a transfer or change of enrolment as an Elector for the House of Assembly of Tasmania only.

State of Tasmania.

The Electoral Acts, Tasmania.

Electoral Claim.

To the Electoral Registrar

for the Subdistrict of

District of

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

2.—I claim to have my name placed on the Electoral Roll for the Subdistrict of                                              in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

3.—I am not under the age of 21 years.

4.—I am a natural-born or naturalized subject of the King.

5.—I am not disqualified from voting.

6.—My name is on the Electoral Roll for*

* Here insert the name of the Subdistrict and District, or if NOT already enrolled insert the words, “NO OTHER SUBDISTRICT.”

I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.

Personal Signature

of Claimant

Dated the day of 19

I, the undersigned, being an elector or person qualified to be an elector for the House of Assembly, certify that I have seen the above-named Claimant sign the above Claim.

Witness to Signature—

Occupation—

Place of Living—

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.

N.B.—An elector may only have his name placed upon the Roll for the Subdistrict in which he lives. A map and description of the boundaries of the Subdistrict and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.

Application for Alteration or Correction in the Commonwealth and the House of Assembly Electoral Roll, or either.

Com. s. 62 (1) (a) and (b).

Tas. s. 36 (1) (i. and ii.).

9. An application by an elector for an alteration or correction required in the Commonwealth and the House of Assembly Roll, or either, may be in accordance with the following form:—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth. Electoral Act. The Electoral Acts, Tasmania.

Electoral Division (District) of—

Subdivision (Subdistrict) of—

Application for Alteration or Correction in the Commonwealth and House of Assembly Electoral Roll, or either.

To the Electoral Registrar for the Subdivision (Subdistrict).

Name and Particulars as appearing in Roll.

In place of the above please substitute the following:—

Signature of the Elector—

Dated the day of 19

I, the undersigned, an elector or person qualified to be an elector for the Commonwealth and the House of Assembly of Tasmania, certify that I have seen the above-named applicant sign the above application, and that I am satisfied that the statements therein contained are true.

Signature of Witness—

Address—

Note.—Under the Commonwealth law any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence and liable to a penalty of £50.

Electoral forms for public use may be obtained at any Post Office.

Acknowledgment of Electoral Claim.

Com. secs. 56, 59, 61a, and 62.

Tas. secs. 30, 33, 36, and 37.

9a. An acknowledgment of a claim for enrolment, transfer or change of enrolment or an application for alteration or correction of enrolment, may be issued by the Officer receiving such claim in such form as may be authorized.

Rejection of Electoral Claim.

Com. s. 57.

Ta . s. 30.

10. (1.) The Electoral Registrar on receipt of an Electoral Claim shall, if he is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim, forthwith refer the claim to the Returning Officer with such observations as he thinks proper, and shall send to the claimant, in accordance with the authorized form, a notification that the claim has been so referred.

(2.) The Returning Officer shall forthwith, after making such inquiry as may be necessary to enable him to decide the claim, return the claim to the Electoral Registrar and notify him of his decision.

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

(4.) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim he shall so advise the Electoral Registrar who thereupon shall send a notification to the claimant that his claim has been rejected, specify the reasons for such rejection, and advise the claimant, that he is entitled at any time within one calendar month after the receipt of the notice to appeal to a Court of Summary Jurisdiction for an order directing that his name may be added to the Roll. The notice may be in accordance with the following form:—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notice of Rejection of Electoral Claim.

To—

Notice is hereby given that it has been decided not to enrol your name on the Electoral Roll for the—

(a) Commonwealth Subdivision of of

(b) House of Assembly Subdistrict for the Division (District) of

Note.—Strike out either (a) or (b) if the case so requires.

because the Returning Officer for the Division (District) is not satisfied as to—[here state matters as to which the Returning Officer is not satisfied].

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

Electoral Registrar for the  Subdivision (Subdistrict).

Address

Dated the day of 19

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

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

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

Notification of Transfer or Change of Enrolment for the Commonwealth and the House of Assembly, or either.

Com. ss. 61, 61a (4).

Tas. ss. 34 (iii.), 35 (4) (iii.).

11. A notification of transfer of enrolment from one Electoral Division (District) to another Electoral Division (District) or change of enrolment from one Subdivision (Subdistrict) to another Subdivision (Subdistrict) in the same Electoral Division (District) may be in accordance with the following form :—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notification of Transfer or Change of Enrolment.

To the Electoral Registrar for the   Subdivision (Subdistrict), Electoral

Division (District) of

You are hereby notified that   who was formerly on the

Electoral Roll for the—

having complied with the requirements of the law, has been enrolled for this Subdivision (Subdistrict) as an elector for the Commonwealth and House of Assembly.

You are requested to remove such name from the Roll kept by you.

Electoral Registrar for the Subdivision (Subdistrict), Electoral Division (District) of

Address

Dated the day of 19

Note.—If the elector is enrolled for the Commonwealth only, strike out the reference to House of Assembly District and Subdistrict, and if the elector is enrolled for the House of Assembly only strike out the references to the Commonwealth Division and Subdivision.

Correction of Erroneous Statement in an Electoral Claim.

Com. s. 61 and S. 61a (4).

Tas. s. 34 (ii.) and s. 35 (4) (ii.)

12. An Electoral Registrar who receives from another Electoral Registrar a notification (Regulation 11) which indicates that an elector or other person has lodged an electoral claim, in respect of a transfer or change of enrolment, containing an erroneous statement as to enrolment, shall notify the facts to the Electoral Registrar from whom he received the notification. The advice may be in accordance with the following form:—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notification in Relation to an Erroneous Statement by a Person Lodging an Electoral Claim in Respect of a Transfer or Change of Enrolment.

To the Electoral Registrar for the   Subdivision (Subdistrict).

Electoral Division (District) of

The notification of transfer or change of enrolment received from you in relation to the undermentioned person—[here set out the name in full of the person and the other

particulars in relation to his enrolment appearing in the, notification]—dated  19 , indicates that the application in respect of transfer or change of enrolment lodged with you is incorrect in the following particulars :—[Here set out the facts.]

Electoral Registrar for the     Subdivision (Subdistrict).

Dated the day of 19

Note.—If the notification relates to a transfer the Electoral Registrar will strike out the words “or change,” and if it relates to a change he will strike out the words “transfer or.”

Preparation of new Rolls.—Notice to person whose name has been omitted.

13. When in the preparation of new Rolls the name of any person, whose name was on the roll for any Subdivision (Subdistrict) immediately prior to the preparation of the new Rolls, has been omitted from the new Roll for that Subdivision (Subdistrict) on the ground that he was not then living in that Subdivision (Subdistrict), notice thereof may be given as soon as practicable after the preparation of the Roll has been completed. The notice may be in accordance with the authorized form, and shall contain directions as to what is necessary to be done by the person whose name has been so omitted to enable him to obtain enrolment if he is so entitled.

Notification to Elector of removal of name from Roll by direction of Commonwealth Electoral Officer and State Chief Electoral Officer or either.

Com. sec. 62 (3).

Tas. sec. 36a.

14. When an Electoral Registrar is directed by the Commonwealth Electoral Officer for the State and the State Chief Electoral Officer, or either, to remove the name of an elector from the Subdivision (Subdistrict) Roll kept by him on the ground that the elector has ceased to be qualified for enrolment on that Roll, and has secured enrolment on the Roll for another Subdivision (Subdistrict), the Registrar shall immediately, upon removing such name, send by post to the elector a notification of such removal in the following form.

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Division (District) of

To

You are hereby notified that your name has been removed from the Roll for the Subdivision (Subdistrict) of                            , by direction of the Commonwealth Electoral Officer for the State, and the State Chief Electoral Officer, on the ground that you have ceased to be qualified for enrolment, on that Roll, and have secured enrolment on the Commonwealth and House of Assembly Roll for the Subdivision (Subdistrict) of

Division (District) of

If you desire to make any answer, you should forthwith communicate with me.

Electoral Registrar for the Subdivision (Subdistrict) of

Address

Note.—If the notification relates to the Commonwealth Roll only, or to the House of Assembly Roll only, this form may be varied accordingly.

Notice of Objection by an Elector or Officer—not being an Electoral Registrar.

Com. s. 67.

Tas. s. 42.

15. The notice of objection lodged by an elector or officer—not being an Electoral Registrar—in respect of a name on the Roll as that of an elector for the Commonwealth and the House of Assembly, or either, may be in accordance with the following form:—

Form to be used by an Elector for the same Electoral Division (District) or an Officer not being an Electoral Registrar when lodging an objection in respect of the retention of a name on the Roll as that of an Elector for the Commonwealth and House of Assembly, or either.

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notice of Objection.

To the Returning Officer for the Electoral Division (District) of—

I object to the name of

being retained on the Electoral Roll for the Commonwealth Electoral Division and the House of Assembly Electoral District of              , on the ground that—[here insert grounds of objection].

Signature—

Occupation—

Address—

Dated the day of 19

Notes.

(a) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical.

(b) If an objection is lodged in respect of the name of a person as an elector for the Commonwealth but not as an elector for the House of Assembly, or vice versâ, the words “and the House of Assembly Electoral District” or the words “ the Commonwealth Electoral Division and,” as the case requires, should be struck out.

Notice of Objection by an Electoral Registrar.

Com. s. 69.

Tas. s. 44.

16. The notice of objection lodged by an Electoral Registrar in respect of a name on the Roll as that of an elector for the Commonwealth and the House of Assembly, or either, may be in accordance with the following form:—

Form to be used by an Electoral Registrar when lodging objections in respect of names on the Roll as those of Electors for the Commonwealth and House of Assembly of Tasmania, or either.

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notice of Objection.

To the Returning Officer for the Electoral Division (District) of—

I, object to the undermentioned names being retained on the Electoral Roll for the Commonwealth Electoral Division and the House of Assembly Electoral District of—

Electoral Registrar for the Subdivision (Subdistrict).

Dated the day of 19

Notes.

(a) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical.

(b) If an objection is lodged in respect of the name of a person as an elector for the Commonwealth but not as an elector for the House of Assembly, or vice versâ, the words “ and the House of Assembly Electoral District “ or the words “ the Commonwealth Electoral Division and,” as the case requires, should be struck out.

(c) This form to be furnished in duplicate.

(Back of Form).

Indorsement by Returning Officer.

(1) Notice of objection posted by Returning Officer to person objected to—

(2) Date of expiration of period allowed for answer to objection—

(3) Answers received from—

Notification to Electoral Registrar for the  Subdivision (Subdistrict).

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

(B) You are hereby required to forthwith remove from the Roll as—[here insert Commonwealth and House of Assembly electors or Commonwealth electors only, or House of Assembly electors only, as the case requires]—all the names appearing on the within list of objections, with the exception of those mentioned in the foregoing paragraph (A), in which case the objections have not been sustained.

Returning Officer for the Electoral Division (District) of—

Dated the day of 19

Notice to Person Objected to as an Elector for the Commonwealth and the House of Assembly, or either.

Com. s. 70.

Tas. s. 45.

17. (1.) The notice to be forwarded by the Returning Officer to a person whose name has been objected to as that of an elector for the Commonwealth and the House of Assembly, or either, may be in accordance with the following form :—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

Notice of Objection to Person objected to.

To—

Notice is hereby given that an objection has been lodged with me by—[here set out name and description of objector]—objecting to your name being retained on the Electoral Roll for the Electoral Division (District) of—[here insert name of Electoral Division (District)]—as an elector for the Commonwealth and House of Assembly on the following grounds namely:—[here state grounds of objection.]

You are entitled at any time within twenty 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  between the hours of                            and                            on some day before the expiration of twenty days from the posting of this notice.

If you intend to answer the objection in writing, you should, before the expiration of twenty days from the posting of this notice, send to me by post or deliver at my office a statement in writing to show that the objection is not good.

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 twenty 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 Electoral Division (District) of—

Address

Dated the day of 19

Note.—If the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the word “District” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the word “Division” wherever they appear, should be struck out.

(2.) Where the form of notice specified in this Regulation has been used, the Returning Officer need only send notice of his decision under Regulation 20 to the following persons:—

(a) To a person who has answered an objection in the prescribed manner; and

(b) To an objector who is not an Electoral Registrar.

(3.) Where an objector is an Electoral Registrar, notice of the decision on the objection may be sent to him in such form as the Returning Officer thinks fit to use subject to any authorized direction and such notice may contain a direction for the removal of an elector’s name from the Roll for the Commonwealth and the House of Assembly, or either, as the case requires, when an objection has been sustained.

Manner of Answering Objection.

Com. s. 71.

Tas. s. 46.

18. Any person against whom an objection bas been lodged or made as an elector for the Commonwealth and the House of Assembly, or either, 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.

Inquiry into Objection.

Com. s. 72 (1).

Tas. s. 47 (1).

19. Before determining any 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.

Com. s. 72 (1).

Tas. s. 47 (1).

20. The Returning Officer shall send notice of his decision to the objector and (where the person objected to has answered the objection within the time limited) to the person objected to. The notice may be in accordance with the following form:—

Commonwealth of Australia.

State of Tasmania.

The Commonwealth Electoral Act. The Electoral Acts, Tasmania.

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 Roll for the Electoral Division (District) of              , and have decided (a) to remove the said name from the said Electoral Roll as that of an elector for the Commonwealth and House of Assembly; (b) to dismiss the objection.

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

Any party aggrieved by this decision is entitled at any time within one calendar month after the receipt of this notice, to appeal against the decision to a Court of Summary Jurisdiction (Court of Petty Sessions).

Returning Officer for the Electoral Division (District) of—

Address

Dated the  day of   19

Note.—If the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the word “District” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the word “Division” wherever they appear, should be struck out.

Electoral Appeal.

Com. s. 73.

Tas. s. 48.

21. (1.) An application under Section 73 of the Commonwealth Electoral Act and Section 48 of the Electoral Acts, Tasmania, or either, as the case requires, to a Court of Summary Jurisdiction (Court of Petty Sessions), may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment (Regulation 10), or of notice of the determination of an objection (Regulation 20), 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 application or 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 application, but, if he does not desire to be present, 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 the statement shall be considered by the Court at the hearing.

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

(5.) In this regulation “complaint” shall include any appropriate proceeding for the institution of a proceeding in a Court of Summary Jurisdiction (Court of Petty Sessions).

Application of General Regulations.

22. The Regulations under the Commonwealth Electoral Act shall not apply in relation to the joint Rolls in respect of matters for which provision is made by these Regulations but shall, to the extent to which they are applicable, apply in respect of other matters, and for the purposes of the application of any Regulations relating to compulsory enrolment any reference to a form shall, where an appropriate form is provided by these Regulations, include a reference to the form so provided.

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