Commonwealth Coat of Arms of Australia

Statutory Rules

1975 No. 208

REGULATIONS UNDER THE SENATE (REPRESENTATION OF

TERRITORIES) ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Senate (Representation of Territories) Act 1973.

Dated this fourteenth day of November, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

T. C. DRAKE-BROCKMAN

Minister of State for Administrative Services.

SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS

Citation.

1. These Regulations may he cited as the Senate (Representation of Territories) Regulations.

Application of the Commonwealth Electoral Act.

2. The exceptions with which, and the modifications and adaptations subject to which, the provisions of the Commonwealth Electoral Act 1918-1975 apply to and in relation to an election of a senator or senators for a Territory are the exceptions, modifications and adaptations specified in Schedule 1.

Application of the Electoral and Referendum Regulations.

3. (1) Subject to the Senate (Representation of Territories) Act 1973 and the provisions of the Commonwealth Electoral Act 1918-1975 in their application to and in relation to an election of a senator or senators for a Territory, the provisions of the Electoral and Referendum Regulations as in force from time to time apply, with the exceptions and subject to the modifications and adaptations specified in Schedule 2, to and in relation to an election of a senator or senators for a Territory in like manner as they apply to and in relation to an election of a senator or senators for a State and they so apply as if the Territory were a State.

(2) The provisions of the Electoral and Referendum Regulations in their application by virtue of sub-regulation (1) to and in relation to an election of a senator or senators for a Territory shall be read and construed as if those provisions were made for the purposes of the provisions of the Commonwealth Electoral Act 1918-1975 as they apply to and in relation to that election.

(3) Unless the contrary intention appears, words and expressions used in the provisions of the Electoral and Referendum Regulations in their application to and in relation to an election of a senator or senators for a Territory have the same meanings respectively as those words and expressions have in the provisions of the Commonwealth Electoral Act 1918-1975 in their application to and in relation to such an election.

* Notified in the Australian Government Gazette on 14 November 1975.

SCHEDULE 1 Regulation 2

EXCEPTIONS, MODIFICATIONS AND ADAPTATIONS: COMMONWEALTH ELECTORAL ACT IN ITS APPLICATION TO AND IN RELATION TO ELECTIONS OF SENATORS FOR THE AUSTRALIAN CAPITAL TERRITORY AND THE NORTHERN TERRITORY OF AUSTRALIA

Exceptions, modifications and adaptations
Section 5 ................	Omit definition of “ Division ”, substitute the following definitions:—
	“ ‘ District ’ means an Electoral District of the Northern Territory of Australia the boundaries of which are prescribed by the Northern Territory Electoral Districts Regulations;
	‘ Division ’ means—
	(a) in relation to an election of a Senator or Senators for the Australian Capital Territory—an Electoral Division referred to in sub-section 6 (1) of the Australian Capital Territory Representation (House of Representative) Acts 1973; and
	(b) in relation to an election of a Senator or Senators for the Northern Territory of Australia—the Northern Territory of Australia;”
	Omit definition of “ Subdivision ”, substitute the following definitions:—
	“ ‘ Territory ’ has the same meaning as in the Senate (Representation of Territories) Act 1973;
	‘ the Australian Capital Territory ’ has the same meaning as in the Senate (Representation of Territories) Act 1973.”
	Add at the end the following:—
	“ (2) In relation to an election of a Senator or Senators for the Australian Capital Territory, unless the contrary intention appears—
	(a) a reference to a Subdivision shall be read as a reference to a Division; and
	(b) a reference to a Divisional Returning Officer for a Division shall be read as a reference to the Returning Officer for the Division appointed under the Australian Capital Territory Representation Regulations.
	“ (3) In relation to an election of a Senator or Senators for the Northern Territory of Australia, unless the contrary intention appears—
	(a) a reference to a Subdivision shall be read as a reference to a District; and
	(b) a reference to a Divisional Returning Officer for a Division shall be read as a reference to the Returning Officer for the Northern Territory of Australia appointed under the Northern Territory Electoral Regulations.
	“ (4) Unless the contrary intention appears, a reference to a Division, Subdivision or District for which an elector is enrolled shall be read as a reference to—
	(a) In the case of an elector of the Australian Capital Territory—the Division that corresponds to the Division for which the elector is enrolled for the purposes of an election of a Member or Members of the House of Representatives under and in accordance with the Australian Capital Territory Representation (House of Representatives) Acts 1973; or
	(b) in the case of an elector of the Northern Territory of Australia—the District that corresponds to the District for which the elector is enrolled for the purposes of an election of a Member of the House of Representatives under and in accordance with the Northern Territory Representation Act 1922—1968.”

Schedule 1—continued

Exceptions, modification and adaptations

Section 7 ................	Omit “ a Commonwealth Electoral Officer ”, substitute “ an Electoral Officer ”
	Add at the end the following:—
	“ (2) An Electoral Officer for a Territory shall be appointed by the Chief Australian Electoral Officer.
	“ (3) Unless the contrary intention appears, a reference to a Commonwealth Electoral Officer other than the Chief Electoral Officer for the Commonwealth shall, in relation to an election of a Senator or Senators for a Territory, be read as a reference to the Electoral Officer for the Territory.
Section 9 ................	Omit from sub-section (1a) “ (other than those relating to postal voting) ”
Section 10 ...............	Omit
Sections 14-26 ............	Omit
Section 27 ...............	Omit “ Minister ”, substitute “ Chief Australian Electoral Officer ”
Section 28 ...............	Omit
Sections 29 and 30 .........	Substitute the following:—
	“ 29. In relation to an election of a Senator or Senators for a Territory, there shall be a Roll of Electors for the Territory.
	“ 30. (1) The Rolls kept under and in accordance with the Australian Capital Territory Representation Regulations as in force from time to time in respect of the Divisions of the Australian Capital Territory, being the Rolls of persons enrolled for those Divisions who would be entitled to vote at an election of a Member or Members of the House of Representatives for the Australian Capital Territory if a writ for such an election were issued at the same time as the writ for the election of a Senator or Senators for the Australian Capital Territory, shall together form the Roll of Electors for the Australian Capital Territory.
	“ (2) The Rolls kept under and in accordance with the Northern Territory Electoral Regulations as in force from time to time in respect of the Electoral Districts of the Northern Territory of Australia, being the Rolls of persons enrolled for those Districts who would be entitled to vote at an election of a Member of the House of Representatives for the Northern Territory of Australia if a writ for such an election were issued at the same time as the writ for the election of a Senator or Senators for the Northern Territory of Australia, shall together form the Roll of Electors for the Northern Territory of Australia.”
Sections 31-38 ............	Omit
Section 39 ...............	Omit sub-sections (1) and (5)
Section 39b ..............	Omit
Section 40-58 .............	Omit
Section 72 ...............	Substitute the following:—
	“ 72. (1) A nomination as a Senator for the Australian Capital Territory may, at any time after the issue of the writ and before the hour of nomination, be lodged with the Electoral Officer for the Australian Capital Territory.
	“ (2) A nomination as a Senator for the Northern Territory of Australia may be lodged—
	(a) at any time after the issue of the writ and before the hour of nomination, with the Electoral Officer for the Northern Territory of Australia; or

Schedule 1—continued

Exceptions, modification and adaptations
	(b) at any time after the issue of the writ and not less than 24 hours before the hour of nomination, with—
	(i) an Assistant Returning Officer for a portion of the Northern Territory of Australia; or
	(ii) a Postmaster authorized for that purpose by the Electoral Officer for the Northern Territory of Australia.
	“ (3) An Assistant Returning Officer or Postmaster with whom a nomination has been lodged under paragraph (2) (b) shall forthwith telegraph to the Electoral Officer for the Northern Territory of Australia particulars of the nomination and of the deposit referred to in paragraph 73 (c).”
Section 72a ..............	Omit sub-section (2), substitute the following:—
	“ (2) A group shall include the names of those candidates only each of whom, after he has been nominated, and not later than—
	(a) in the case of a nomination lodged in accordance with sub-section 72 (1) or paragraph 72 (2) (a)—12 o’clock noon on the day of nomination; or
	(b) in the case of a nomination lodged in accordance with paragraph 72 (2) (b)—24 hours before the hour of nomination,
	notifies, in the prescribed manner, the person with whom he lodged his nomination that he desires to have his name included in that group with the names of the other candidates in that proposed group, and with those names only.
	“ (2a) In respect of an election of a Senator or Senators for the Northern Territory of Australia, an Assistant Returning Officer or Postmaster who receives a notification under subsection (2) shall forthwith telegraph to the Electoral Officer for the Northern Territory of Australia particulars of the notification.
	“ (2b) A notification referred to in sub-section (2a) shall not be valid unless telegraphic particulars of the notification are received by the Electoral Officer for the Northern Territory of Australia before the hour of nomination.”
	Insert after “ the notification ” in sub-section (4) “ or telegraphic particulars of the notification, as the case may be ”
	Insert after “ notifications ” in sub-section (5) “ or telegraphic particulars of notifications, as the case may be,”
	Omit from sub-section (6) “that is held at a general election of members of the House of Representatives”
Section 72b ................	Substitute the following:—
	“ 72b. (1) A candidate nominated for election to the Senate whose name is included in a group in accordance with the provisions of section 72a may, after he has been nominated and not later than the latest time at which a notification under section 72a may be made by him, notify the person with whom he lodged his nomination of the order in which it is desired that the names of the candidates in the group shall appear in the ballot-papers, and where a notification in accordance with this section is received from each of the candidates whose names are included in the group and the names of the candidates in the group are set out in all the notifications in the same order, the names of the candidates in the group shall appear in the ballot-papers in that order.
	“ (2) In respect of an election of a Senator or Senators for the Northern Territory of Australia, an Assistant Returning Officer or Postmaster who receives a notification under subsection (1) shall forthwith telegraph to the Electoral Officer for the Northern Territory of Australia particulars of the notification.
	“ (3) A notification referred to in sub-section (2) shall not be valid unless telegraphic particulars of the notification are received by the Electoral Officer for the Northern Territory of Australia before the hour of nomination.”

Schedule 1—continued

Exceptions, modification and adaptations
Section 73 ...............	Omit paragraph (b), substitute the following:—
	“ (b) in the case of a nomination as a Senator for the Australian Capital Territory—the nomination paper is received after the issue of the writ and before the hour of nomination:
	(ba) in the case of a nomination as a Senator for the Northern Territory of Australia—the nomination paper or telegraphic particulars of the nomination are received by the Electoral Officer for the Northern Territory of Australia after the issue of the writ and before the hour of nomination; and ”
	Omit from paragraph (c) “ Commonwealth Electoral Officer or Divisional Returning Officer, as the case requires,”, substitute “ person with whom he lodges the nomination ”
Section 74 ...............	Omit “ Commonwealth Electoral Officer or Divisional Returning Officer”, substitute “person ”
Section 75 ...............	Omit “ or Divisional Returning Officer receiving the nomination ”, substitute “ receiving the nomination or telegraphic particulars of the nomination, as the case may be,”
Section 79 ...............	Insert after “ nomination papers,” in sub-section (1) “ and telegraphic particulars of nominations ”
Section 85 ...............	Omit paragraphs (b) and (bb) of sub-section (1), substitute the following:—
	“ (b) will not throughout the hours of polling on polling day be within 5 miles by the nearest practicable route of any polling booth open—
	(i) in the case of an elector of the Australian Capital Territory—in the Division for which he is enrolled; or
	(ii) in the case of an elector of the Northern Territory of Australia—in the Northern Territory of Australia:
	(bb) will, in the case of an election of a Senator or Senators for the Northern Territory of Australia, throughout the hours of polling on polling day be travelling under conditions which will preclude him from voting at any polling booth in the Northern Territory of Australia;”
	Omit paragraph (b) of sub-section (2), substitute the following:—
	“ (b) be signed by the applicant—
	(i) in the case of an applicant who is an elector of the Australian Capital Territory—in his own handwriting; or
	(ii) in the case of an applicant who is an elector of the Northern Territory of Australia—with his personal signature,
	in the presence of an elector (or, if the applicant is outside Australia, in the presence of one of the persons specified in sub-section 91b (1a)); and”
	Omit sub-paragraphs (i), (ii), (iii), (iv) and (v) of paragraph (c) of sub-section (2), substitute the following:—
	“ (i) if the applicant has reason to believe that he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at that election—to a person who is—
	(a) for the time being appointed under the Commonwealth Electoral Act 1918-1975 to be a Divisional Returning Officer for an Electoral Division referred to in that Act;
	(b) for the time being appointed under the Commonwealth Electoral Act 1918-1975 to be an Electoral Registrar for a Subdivision declared to be a remote Subdivision in pursuance of subsection 26 (2) of that Act; or

Schedule 1—continued

Exceptions, modifications and adaptations
	(c) an Assistant Returning Officer for a District;
	(ii) if the applicant is temporarily within the Australian Capital Territory—to the Divisional Returning Officer for a Division of the Australian Capital Territory;
	(iii) if the applicant is temporarily within the Northern Territory of Australia—to the Divisional Returning Officer for the Northern Territory of Australia or the Assistant Returning Officer at a place outside Australia.
	(iv) if the applicant is temporarily outside Australia—to an Assistant Returning Officer at a place outside Australia.”
	Omit from sub-section (2a) “ officer ” (wherever occurring), substitute “ person ”
Section 87 ...............	Omit from paragraph (b) of sub-section (1) “ in his the applicant’s own handwriting ”
Section 88 ...............	Omit sub-section (1), substitute the following:—
	“ (1) Where a person who receives an application is satisfied that it is properly signed by the applicant and is properly witnessed, he shall deliver or post to the elector a ballot-paper and a postal vote certificate printed on an envelope addressed to—
	(a) if the applicant is an elector of the Australian Capital Territory—the Divisional Returning Officer for a Division of the Australian Capital Territory; or
	(b) if the applicant is an elector of the Northern Territory of Australia—the Divisional Returning Officer for the Northern Territory of Australia or the Assistant Returning Officer for a District.”
	Omit from sub-section (1a) “ Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer, as the case may be,”, substitute “ person receiving the application ”
Section 89 ...............	Omit sub-sections (1) and (2), substitute the following:—
	“ (5) All applications for postal vote certificates and postal ballot-papers received by the Divisional Returning Officer for a Division of the Australian Capital Territory or the Divisional Returning Officer for the Northern Territory of Australia shall—
	(a) if they relate to the Division for which he is Divisional Returning Officer—be kept by him; or
	(b) if they relate to any other Division—be endorsed by him with the date of issue of the postal vote certificate and postal ballot-paper and be sent forthwith by him to the Divisional Returning Officer for that other Division.
	“ (2) An application for a postal vote certificate and postal ballot-paper that is made under paragraph 85 (2) (c) otherwise than to the Divisional Returning Officer for a Division of the Australian Capital Territory or the Divisional Returning Officer for the Northern Territory of Australia shall be endorsed with the date of issue of the postal vote certificate and postal ballot-paper and be sent forthwith to the Divisional Returning Officer for the Division to which it relates.”
	Insert after section 89 the following:—
	“ 89a. (1) In respect of an election of a Senator or Senators for the Northern Territory of Australia, the Divisional Returning Officer shall, as soon as practicable after the hour of nomination, cause to be sent by post to each elector to whom this section applies, not being an elector from whom an application for a postal vote certificate and postal ballot-paper has been received, a postal vote certificate and postal ballot-paper together with a copy of the ‘ Directions to Elector and Authorized Witness ’ authorized by the Chief Australian Electoral Officer.
	“ (2) This section applies to an elector of the Northern Territory of Australia—
	(a) whose name appears on the Roll for a District for which no polling place has been prescribed; or

Schedule 1—continued

Exceptions, modifications and adaptations
	(b) whose name appears on the Roll for a District for which a polling place has been prescribed and whose place of residence as shown on that Roll is not within 5 miles of the nearest such polling place.”
Section 90 ...............	Omit from sub-section (1) “ The Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer ”, substitute “ A person to whom applications for postal vote certificates and postal ballot-papers may be made ”
	Omit from sub-section (2) “ The Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer ”, substitute “ A person referred to in sub-section (1) ”
Section 91b ..............	Omit sub-section (1) substitute the following:—
	“ (1) Subject to this section, an elector whose name appears on a Roll referred to in section 30 or on an Electoral Roll for a State is an authorized witness for the purposes of this Act.”
Section 92 ...............	Omit from paragraph (d) of sub-section (1) “ envelope addressed to the Divisional Returning Officer ”, substitute “ envelope provided to him ”
	Omit from paragraph (e) of sub-section (1) “ Divisional Returning Officer ”, substitute “ person to whom it is addressed ”
	Omit from paragraph (f) of sub-section (1) “ envelope addressed to the Divisional Returning Officer ”, substitute “ envelope provided to him ”
	Omit from paragraph (f) of sub-section (1) “ Divisional Returning Officer ” (last occurring), substitute “ person to whom it is addressed ”
	Omit sub-section (2), substitute the following:—
	“ (2) In addition to the directions specified in sub-section (1), the following directions for regulating voting by means of postal ballot-papers in an election of a Senator or Senators for the Northern Territory of Australia are to be substantially observed:—
	(a) If the elector satisfies the authorized witness that his sight is so impaired or he is so physically incapacitated that he is unable to vote without assistance, he may appoint a person to assist him to vote, and the authorized witness shall—
	(i) fill in the form of declaration on the postal vote certificate with the required particulars relating to the enrolment of the elector, as requested by the elector:
	(ii) read over to the elector the form of declaration;
	(iii) require the elector to sign the form of declaration with his personal signature;
	(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 form of declaration;
	(vi) permit the person appointed by the elector to mark and fold the ballot-paper for the elector; and
	(vii) enclose the ballot-paper in the envelope provided, 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 person to whom it is addressed;
	(b) If the elector, being an elector referred to in paragraph (a), fails to appoint a person to assist him to vote, the authorized witness shall take the action specified in sub-paragraphs (i) to (v) (inclusive) of paragraph (a) and shall then, in the presence of another elector—
	(i) mark and fold the ballot-paper for the elector; and
	(ii) deal with the ballot-paper in the manner directed its sub-paragraph (a) (vii);
	(c) If the elector satisfies the authorized witness that he is so illiterate that he is unable to vote without assistance, the

Schedule 1—continued

Exceptions, modifications and adaptations
	authorized witness shall take the action specified in sub-paragraphs (i) to (v) (inclusive) of paragraph (a) and shall then, in the presence of another elector—
	(i) mark and fold the ballot-paper for the elector; and
	(ii) deal with the ballot-paper in the manner directed in sub-paragraph (a) (vii);
	(d) The authorized witness shall not, except as provided by paragraphs (a), (b) and (c), look at, or make himself acquainted with, the vote given by the elector and, except as provided by those paragraphs, 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.”
Section 93a ..............	Omit from paragraph (b) “ paragraph (f) of section ninety-two of this Act, assisting an elector whose sight is so impaired that he ”, substitute “ paragraph 92 (1) (f) or sub-section 92 (2), assisting an elector who ”
Section 93b ..............	Omit “ paragraph (d) or paragraph (f) of sub-section (1) of section ninety-two of this Act ”, substitute “ paragraph 92 (1) (d) or 92 (1) (f) or sub-paragraph 92 (2) (a) (vii), 92 (2) (b) (ii) or 92 (2) (c) (ii) ”
Section 94 ...............	Substitute the following:—
	“ 94. (1) A person to whom an application for it postal vote certificate and postal ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Divisional Returning Officer or other person referred to in paragraph 85 (2) (c) and who fails to post or deliver the application forthwith shall be guilty of an offence.
	“ (2) A person to whom an envelope containing or purporting to contain a postal ballot-paper is entrusted by a voter for the purpose of posting or delivery to the person to whom it is addressed and who fails to post or deliver the envelope forthwith shall be guilty of an offence.
	Penalty: $100 or imprisonment for 1 month.”
Section 95 ...............	Omit from paragraph (b) “ paragraph (f) of section ninety-two in the case of persons whose sight is impaired ”, substitute “ paragraph 92 (1) (f) or sub-section 92 (2) in the case of a person who cannot vote without assistance ”
Section 96 ...............	Omit “ Divisional ” (first occurring)
	Omit “ period of ten days immediately succeeding the close of the poll by him, or received up to the close of the poll by any other Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub-section (2) of section ninety-two of this Act,”, substitute “ prescribed period ”
	Add at the end the following sub-section:—
	“ (2) For the purposes of sub-section (1), the prescribed period is—
	(a) in relation to an election of a Senator or Senators for the Australian Capital Territory—10 days; and
	(b) in relation to an election of a Senator or Senators for the Northern Territory of Australia—28 days.”
Section 105b .............	Omit from sub-section (1) “ that is held at a general election of Members of the House of Representatives ”
Section 113 ..............	Omit from sub-section (3) “ for the Division ”, substitute “ or the Assistant Returning Officer for the District ”
	Add at the end the following:—
	“ (5) The provisions of this section relating to absent voting do not apply in relation to an election of a Senator or Senators for the Australian Capital Territory.”
Section 121 ..............	Omit sub-section (1), substitute the following:—
	“ (1) An elector of a Territory who would, if a House of Representatives election for the Territory were held at the same time as the Senate election for the Territory, be permitted, in the circumstances set out in—
	(a) in the case of an election of a Senator or Senators for the Australian Capital Territory—regulation 50 of the Australian Capital Territory Representation Regulations; or

Schedule 1—continued

Exceptions, modifications and adaptations
	(b) in the case of an election of a Senator or Senators for the Northern Territory of Australia—regulation 78 of the Northern Territory Electoral Regulations.
	after making the relevant declaration referred to in whichever of those regulations would be applicable, to vote at that House of Representatives election may be permitted in like manner to vote at the Senate election.”
	Omit sub-section (4)
	Omit from sub-section (5) “ by the Registrar ”
Section 135 ..............	Insert after sub-section (3) the following:—
	“ (3a) In respect of an election of a Senator or Senators for the Northern Territory of Australia, the powers of the Divisional Returning Officer under sub-section (3) may, subject to and in accordance with the directions of the Electoral Officer for the Northern Territory of Australia, be exercised by an Assistant Returning Officer in relation to ballot-papers received from polling places within or for his District.”
Section 136a .............	Omit from paragraph (c) “ or ” (last occurring)
	Omit paragraph (d)
Section 140 ..............	Omit sub-section (1), substitute the following:—
	“ (1) The officer conducting a re-count may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of—
	(a) in the case of an election of a Senator or Senators for the Australian Capital Territory—the Electoral Officer for the Australian Capital Territory; or
	(b) in the case of an election of a Senator or Senators for the Northern Territory of Australia—a Magistrate ”
	Omit from sub-section (2) “ Commonwealth Electoral Officer for the State ”, substitute “ Electoral Officer for the Australian Capital Territory or the Magistrate, as the case may be,”
	Omit from sub-section (3) “Commonwealth Electoral Officer for the State “, substitute “Electoral Officer for the Australian Capital Territory or the Magistrate, as the case may be”
	Add at the end the following:—
	“ (4) In this section, ‘ Magistrate ’ means a Stipendiary Magistrate (being a Stipendiary Magistrate holding office under the Justices Ordinance 1928 as amended of the Northern Territory of Australia) appointed by the Administrator of the Northern Territory of Australia to perform the functions of a Magistrate under this section.”
Section 141 ..............	Omit from paragraph (b) of sub-section (1) “ Governor of the State in respect of which it was issued ”, substitute “ person who caused the writ to be issued ”
	Omit from paragraph (a) of sub-section (2) “ or posted or delivered to any Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub-section (2) of section ninety-two of this Act ”
Section 151 ..............	Omit from sub-sections (1) and (3) “ Commonwealth Electoral Officer for the State ”, substitute “ Chief Australian Electoral Officer ”
Section 152 ..............	Omit from sub-section (3) “ Commonwealth Electoral Officer for the State in which the election took place ”, substitute “ Chief Australian Electoral Officer ”
Section 153 ..............	Omit from sub-section (4) “ Commonwealth Electoral Officer for the State in which the newspaper is published ”, substitute “ Chief Australian Electoral Officer ”
Section 218a .............	Omit

24467/76—34

SCHEDULE 2 Regulation 3

EXCEPTIONS, MODIFICATIONS AND ADAPTATIONS: ELECTORAL AND REFERENDUM REGULATIONS IN THEIR APPLICATION TO AND IN RELATION TO ELECTIONS OF SENATORS FOR THE AUSTRALIAN CAPITAL TERRITORY AND THE NORTHERN TERRITORY OF AUSTRALIA

Exceptions, modifications and adaptations

Regulations 4-4a ...........	Omit
Regulation 5 .............	Add at the end the following:—
	“ (4) A reference to a provision of the Act shall, unless the contrary intention appears, be read as a reference to the corresponding provision of the Commonwealth Electoral Act 1918-1975 in the application of that provision to an election of a Senator or Senators for the Australian Capital Territory or the Northern Territory of Australia, as the case requires.”
Regulations 6-32 ...........	Omit
Regulation 35 .............	Omit
Regulation 41 .............	Omit sub-regulation (2), substitute the following:—
	“ (2) The form may be printed on the envelope referred to in sub-section 88 (1) of the Act.”
Regulation 42 .............	Omit from sub-regulation (1a) “ that is held at a general election of Member of the House of Representatives ”
	Omit from sub-regulation (2) “ Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer ”, substitute “ person issuing the ballot-paper ”
Regulation 43 .............	Omit from sub-regulation (2) “ Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer,”, substitute “, the person issuing the certificate and ballot-paper ”
Regulations 45-47 ..........	Omit
Regulation 48 .............	Omit “ The Divisional Returning Officer ”, substitute “ The Returning Officer ”
	After “ Division ” insert “ or District, as the case may be ”
	Add “ or ” at the end of paragraph (a)
	Omit “ or ” from paragraph (b)
	Omit paragraph (c)
	Omit from the proviso “ Divisional ”
Regulation 49 .............	Omit from sub-regulation (1) “ Divisional ”
	Add at the end the following:—
	“ (3) In respect of a ballot-paper upon which a vote has been recorded at an election of a Senator or Senators for the elector referred to in the provisions of sub-section 89a (2) of Northern Territory of Australia being the ballot-paper of the Commonwealth Electoral Act 1918-1975 in the application of those provisions to and in relation to the election, the Returning Officer shall—
	(a) compare the signature of the elector on his postal vote certificate with the signature on the elector’s claim for enrolment kept by the Electoral Registrar appointed under the Northern Territory Electoral Regulations and allow the scrutineers to inspect both signatures; and
	(b) if satisfied that the signature on the postal vote certificate is that of the elector who signed the claim for enrolment and the signature purports to be witnessed by an authorized witness, accept the ballot-paper for further scrutiny and place mark against the name of the elector on a certified copy of the Roll used by him for the purposes of the scrutiny but, if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained.”

Schedule 2—continued

Exceptions, modifications and adaptations

Regulation 50 .............	Omit sub-regulation (5), substitute the following:—
	“ (5) The form of declaration may be printed on an envelope that is addressed to the Divisional Returning Officer, or to the Assistant Returning Officer for the District for which the elector declares that he is enrolled.”
Regulation 53 .............	Omit front sub-regulation (1a) “ that is held at a general election of Members of the House of Representatives ”
Regulations 55-60 ..........	Substitute the following:—
	“ 55. (1) The Presiding Officer shall record the name of each elector who has voted at his polling place as an absent voter at an election together with the name of the District for which the elector declares that he is enrolled as shown in his declaration.
	“ (2) At the close of the poll, the Presiding Officer shall forward the record, duly certified by him, under seal, to the Returning Officer authorized to count the absent votes cast for the District.
	“ 56. (1) Where the Returning Office withdraws from a ballot-box envelopes hearing absent voters’ declarations and purporting to contain absent voters’ ballot-papers, the Returning Officer shall—
	(a) check the particulars on the envelopes with the particulars appearing on the Presiding Officer’s record and make a note of the number of envelopes so withdrawn; and
	(b) place in a separate parcel all the envelopes beating absent voters’ declarations relating to the same District.
	“ (2) Where the Returning Officer has made a parcel of envelopes bearing absent voters’ declarations relating to a District—
	(a) if the Renaming Officer is authorized to count the absent votes cast for the District—be shall piece the envelopes in the absent voters’ ballot-box for the District for the purpose of the scrutiny; or
	(b) in any other case—be shall fastest and seal the outer cover of the parcel, write on the covet the number of envelopes contained in the parcel, address the parcel to the Returning Officer authorized to count absent voters’ ballot-papers for the District and then transmit the parcel by hand or be registered post to that Returning Officer.
	“ (3) Where the Returning Officer transmits a parcel of envelopes bearing; absent voters’ declarations in accordance with sub-regulation (2), be shall forthwith Advise the Returning Officer to whom the parcel is transmitted, by telegram or, if a letter will in the ordinary course of post reach that officer on or before the Friday immediately following the close of the poll, by letter, in accordance with a form authorized by the Chief Australian Electoral Officer, of the total number of envelopes bearing absent voters’ declarations that are enclosed in the parcel so forwarded to him.
	“ 57. The Returning Officer—
	(a) shall prepare sad retain in his custody a bock, or set of cards, its which he shall record from time to time the particulars of the respective advices, and the number of envelopes bearing absent voters’ declarations, received by him from any other Returning Officer; and
	(b) shall keep a locked and sealed ballot-box in respect of each District in respect of which he is authorized to count the absent voters’ ballot-papers, being; a box having the words ‘ Absent Voters’ Ballot-box ’ marked on the outside of the box and shall place all envelopes bearing absent voters’ declarations relating to that District received by him for the purpose of the scrutiny in that ballot-box forthwith after he receives them.

Schedule 2—continued

Exceptions, modifications and adaptations

	“ 58. The scrutiny of absent voters’ ballot-papers relating to a District shall commence as soon as practicable after the close of the poll, and shall be conducted by the Returning Officer authorized to count the absent voters’ ballot-papers for the District in the presence of such scrutineers as choose to attend and any other persons approved by the Returning Officer.
	“ 59. (1) The Returning Officer conducting the scrutiny shall—
	(a) produce and open the absent voters’ ballot-box in which the envelopes containing the absent voters’ ballot-papers for the District have been placed;
	(b) place in one parcel the envelopes bearing the signed and attested declarations of persons who, in his opinion, are enrolled for, and are entitled to vote in respect of, the District, accept for further scrutiny the ballot-papers contained in the envelopes in that parcel and place a mark opposite the name of each such person on a certified copy of the Roll used by him for the purpose of the scrutiny;
	(c) place in another parcel the envelopes bearing the declarations of persons who, in his opinion, are not enrolled for, or are not entitled to vote in respect of, the District, or whose declarations are not duly signed and attested, faster, and seal the parcel, write on the outside of the parcel the words ‘Absent voters’ ballot-papers rejected at the preliminary scrutiny ’ and add the name of the District his signature, and the date;
	(d) place the envelopes containing the ballot-papers accepted for further scrutiny before him on a table in such a manner that the addressed face only of each envelope is visible;
	(e) without further examining the declaration of an elector, or permitting any other person to do so, withdraw from the envelope the ballot-paper or each ballot-paper enclosed in the envelope and, without inspecting or unfolding such a ballot-paper, or allowing any other person to do so, forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny; and
	(f) place the envelopes in a parcel on the outside of which the words ‘ Envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny ’ have been written, fasten and seal the parcel, write on the outside of the parcel the name of the District, and add his signature and the date.
	“ (2) The officer conducting the scrutiny shall not reject an absent voter’s ballot-paper at the preliminary scrutiny by reason only of the fact that the Presiding Officer at the polling place where the vote was cast omitted to attest the declaration of She elector if, before the declaration of the poll, that Presiding Officer certifies that the omission was due to inadvertence and that the declaration was, in fact, duly signed by the elector in the presence of that Presiding Officer.
	“ (3) It is not necessary for the officer conducting the scrutiny of absent voters’ ballot-papers for a District to await the receipt of all the envelopes containing absent voters’ ballot-papers for the District before he proceeds with the further scrutiny of the ballot-papers that have been placed in the ballot-box referred to in paragraph (1) (e) but sufficient uncounted ballot-papers shall be kept in the ballot-box to ensure that any ballot-papers for an election that are taken from a ballot-box for the purpose of being counted are taken from a number sufficient to prevent the identity of the electors from being disclosed.

Schedule 2—continued

Exceptions, modifications and adaptations
	“ 60. At the further scrutiny, the officer conducting the scrutiny shall open the ballot-box referred to in paragraph 59 (1) (e), examine the absent voters’ ballot-papers contained therein, and shall—
	(a) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and
	(b) count the first preference votes given for each candidate on all unrejected ballot-papers.”
Regulation 61 .............	Omit from sub-regulation (2) “ Division ” (wherever occurring), substitute “ District ”
Regulation 63 .............	Omit “ Division ”, substitute “ District ”
Regulation 64 .............	Omit from sub-regulation (2) “ to the Divisional Returning Officer by an Assistant Returning Officer ”, substitute “ in accordance with paragraph 56 (2) (b) ”
Regulation 66 .............	Omit “ Divisional ”
Regulation 69 .............	Omit “ Assistant ”
Regulation 70 .............	Omit “ Assistant ”
Regulation 73 .............	Omit from sub-regulation (1) “ Assistant ”
Regulation 74 .............	Omit from sub-regulation (5) “ Commonwealth Electoral Officer for the State ” (wherever occurring), substitute “ Electoral Officer for the Australian Capital Territory or the Magistrate, as the case requires ”
	Omit from sub-regulation (6) “ Commonwealth Electoral Officer ”, substitute “ Electoral Officer for the Australian Capital Territory or the Magistrate, as the case may be ”
	Omit from sub-regulation (7) “ Commonwealth Electoral Officer ”, substitute “ Electoral Officer for the Australian Capital Territory or the Magistrate, as the case may be ”
	Omit sub-regulations (8) and (9), substitute the following:—
	“ (8) The Electoral Officer for the Australian Capital Territory or the Magistrate, as the case may be, shall advise the Divisional Returning Officer, in writing, of the number of ballot-papers admitted or rejected by him, and his decision shall be accepted by the Divisional Returning Officer in completing his re-count of the ballot-papers.
	“ (9) The receipt of every parcel of ballot-papers shall be acknowledged in writing by the person to whom it is addressed.”
Regulation 77 .............	Omit from sub-regulation (1) all words from and including “ dealt with by the Commonwealth Electoral Officer ”, substitute—
	“ dealt with by—
	(a) in the case of an elector of the Australian Capital Territory—the Chief Australian Electoral Officer; or
	(b) in the case of an elector of the Northern Territory of Australia—the Electoral Officer for the Northern Territory of Australia,
	or by a Court of summary jurisdiction.”
	Omit from sub-regulations (2) and (3) “ Commonwealth Electoral Officer ” (wherever occurring), substitute “ Chief Australian Electoral Officer or Electoral Officer for the Northern Territory of Australia, as the case may be,”

Schedule 2—continued

Exceptions, modifications and adaptations
Regulation 78 .............	Omit from sub-regulation (1) “ Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt from a Divisional Returning Officer,”, substitute “ The Chief Australian Electoral Officer or the Electoral Officer for the Northern Territory of Australia, as the case may be, shall, upon receipt ”
	Omit from sub-regulation (2) “ by the Commonwealth Electoral Officer ”
	Omit from sub-regulation (3) “ a Commonwealth Electoral Officer ”, substitute “ the Electoral Officer for the Northern Territory of Australia ”
Regulation 79 .............	Omit “ Commonwealth Electoral Officer ”, substitute “ Chief Australian Electoral Officer or the Electoral Officer for the Northern Territory of Australia ”
Regulation 80 .............	Omit “ such directions as are issued by the Commonwealth Electoral Officer ”, substitute “ section 128a of the Act ”
	Omit from paragraph (a) “ Commonwealth Electoral Officer ”, substitute “ Chief Australian Electoral Officer or the Electoral Officer for the Northern Territory of Australia, as the case may be.
Regulation 94 .............	Insert after regulation 94 the following:—
	“ 95. The Chief Australian Electoral Officer may make such modifications to a Form as are necessary for the purposes of an election of a Senator or Senators for a Territory.”
The Schedule .............	Omit Forms 1 to 22