Federal Register of Legislation - Australian Government

Primary content

Electoral and Referendum Regulations

SR 1905 No. 72 Regulations as made
Principal Regulations; Supersedes the Electoral and Referendum Regulations (SR 1905 No. 47).
Date of repeal 06 Jun 1906
Repealed by Electoral and Referendum Regulations

STATUTORY RULES.

1905. No. 72.

 

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1902, to come into operation forthwith. Such Regulations to supersede Provisional Regulations issued on the 13th day of July, 1905, which are hereby repealed.

Dated the eighteenth day of October, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellency’s command—

LITTLETON ERNEST GROOM,

Minister of State for Home Affairs.

Definition.

1.  In these regulations “the Act” means the Commonwealth Electoral Act 1902.

Sale of Electoral Rolls.

2.  The Electoral rolls for a division and the parts of those rolls relating to the different polling places for the division shall be kept for sale at the office of the Returning Officer and at all principal post-offices in the division, the determination of the principal post-offices to be by the Divisional Returning Officer.

3.  A notice (signed by the Divisional Returning Officer) shall be posted up at each post-office where rolls are sold, to the effect following:—

“Commonwealth Electoral Rolls for the Division of                                                    can be obtained here.”

4.  The prices at which rolls are sold shall be as follows:—

 

s.

d.

Roll for any one polling place.................................................................

1

0

Roll for a complete division....................................................................

5

0

Same Polling Booth may be used for two Elections.

5.  Where an election for the Senate and an election for the House of Representatives are held on the same day, the same polling booths and ballot-boxes may be used for both elections, but the ballot-papers for the Senate election should be white, and those for the House of Representatives election should be pink or other distinctive colour.


 

Ballot-box for Postal Votes.

6.  The Returning Officer for each division shall keep a ballot-box marked with the words “Postal Ballot-box” written thereon, and shall place and keep therein until the scrutiny all envelopes containing postal ballot-papers received up to the close of the poll, and at the scrutiny the ballot-box shall be opened, and the envelopes containing postal ballot-papers, and the postal ballot-papers therein, shall be dealt with as directed by section 119 of the Act.

Facilities for Voting.

(1.) At any polling place for the Division for which the elector is enrolled.

7.  If an elector is absent on polling day from the polling place for which he is enrolled, he may, in the case of elections for the Senate, as well as in the case of elections for the House of Representatives, vote at any other polling place for the division for which he is enrolled, if he makes and signs before the Presiding Officer a declaration in the form Q in the schedule to the Act.

8.  The Presiding Officer shall, before he allows any person to vote pursuant to the last preceding regulation, satisfy himself that the name of the person claiming so to vote is on the electoral roll for the division, and may, if he thinks fit, and shall, at the request of any scrutineer, put to the person claiming to vote the questions prescribed by section 141 of the Act.

9.  If the person is allowed to vote his ballot-paper shall be placed in the ballot-box for the polling place, and shall be dealt with in the same manner as the other ballot-papers placed therein.

(II.) At any polling place in the State other than for the Division for which the elector is enrolled.

10.   If, in the case of an election for the Senate or a general election for the House of Representatives, an elector is absent on polling day from the division for which he is enrolled, he may, subject to the following provisions, vote at any polling place in the State, other than for the division for which he is enrolled, which is presided over by a Divisional Returning Officer or an Assistant Returning Officer:—

(a) The person claiming to vote must state his name, his place of living and occupation, and the division and polling place for which he is enrolled.

(b) The Returning Officer may, if he thinks fit, and shall, at the request of any scrutineer, put to the person claiming to vote any of the questions prescribed by section 141 of the Act which is applicable to the case.

(c) If the person claiming to vote answers the questions satisfactorily, or if no questions are put to him, an absent voter’s ballot-paper with a counterfoil attached, in the form specified in regulation 12, shall be handed to him, the ballot-paper having first been initialed by the Returning Officer.

(d) The person claiming to vote or an officer shall then fill in, in writing, the blank spaces in the declaration on the, counterfoil, and the person claiming to vote shall then sign it in his own handwriting, and in the presence of the Returning Officer, declare the truth of the declaration. The Returning Officer shall then fill in and sign the attestation to the declaration.


(e) The person claiming to vote shall receive the ballot-paper and then retire alone into an unoccupied polling compartment, mark his vote on the ballot-paper, and then fasten the ballot-paper so that the vote cannot be seen without unfastening it or tearing off the margin. He shall then hand the ballot-paper to the Returning Officer, who shall forthwith enclose it in an envelope addressed to the Divisional Returning Officer of the division for which the voter states he is enrolled.

(f) The vote may be marked as follows:—

(I.) In elections for the Senate by writing on the ballot-paper the names of the candidates for whom the elector votes; and making a cross in the square opposite the names of such candidates.

(II.) In elections for the House of Representatives by writing on the ballot-paper the name of the candidate for whom the elector votes, and making a cross in the square opposite the name of such candidate.

11.   In cases where the surnames of the candidates are not the same, it will be sufficient for the elector to write the surname only of the candidate for whom he votes; in cases where there are two or more candidates with the same surname, the elector must write the surname and the Christian name of the candidate for whom he votes; in cases where there are two or more candidates with the same Christian and surnames, the elector must write the surname of the candidate for whom he votes, and the name of the town or place in which he lives.

12.   The absent voter’s ballot-paper to be used may be in either of the following forms, as the case requires:—

Section 139, Sub-section III.

Commonwealth of Australia.

Absent Voter’s Ballot-paper.

State of

Election of                 Senators.

Instructions.—The declaration on the counterfoil must be filled in, signed by the elector in his own handwriting, and completed. The elector should then retire alone into an unoccupied polling compartment, and mark his vote by writing on the ballot-paper the name of each candidate for whom he votes, and making a cross in the square opposite the names of such candidates. He should then fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it or tearing off the margin, and hand it to the Returning Officer.

N.B.—The elector must vote for the full number of candidates to be elected, but not for any greater number.

BALLOT - PAPER.

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

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

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

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

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

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


 

Counterfoil.

Commonwealth of Australia.

I declare that I am the person whose name appears as      on the Electoral Roll for the Electoral Division of       to vote at  Polling Place, and that I have not voted here or at any other Polling Place at this Election, and I promise and declare that, if I am permitted to vote here, I will not vote at this Election at any other Polling Place.

Signature of elector—

Place of living—

Occupation—

Declared before me the                                  day of                                               19     , at   Polling Place.

Presiding Officer.

 

Section 139, Sub-section III.

Commonwealth of Australia.

Absent Voter’s Ballot-paper.

Electoral Division of                                State of

Election of one Member of the House of Representatives.

Instructions.—The declaration on the counterfoil must be filled in, signed by the elector in his own handwriting, and completed. The elector should then retire alone into an unoccupied polling compartment and mark his vote by writing on the ballot-paper the name of the candidate for whom he votes, and making a cross in the square opposite the name of the candidate. He should then fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it or tearing off the margin and hand it to the Returning Officer.

BALLOT - PAPER

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

Counterfoil.

Commonwealth of Australia.

I declare that I am the person whose name appears as                                          on the Electoral Roll for the Electoral Division of                             to vote at                                                        Polling Place, and that I have not voted here or at any other Polling Place at this Election, and I promise and declare that, if I am permitted to vote here, I will not vote at this Election at any other Polling Place.

Signature of elector—

Place of living—

Occupation—

Declared before me the                                  day of                                               19     , at   Polling Place.

Presiding Officer.


 

13.   All absent voters’ ballot-papers containing votes shall be promptly forwarded to the Returning Officer for the division for which the voter states that he is enrolled, and immediately after the close of the poll the Presiding Officer shall, by telegraph, or other expeditious manner advise the Returning Officer of each division of the number of absent voters’ ballot-papers so forwarded to him.

14.   The Returning Officer shall examine all absent voters’ ballot-papers received by him pursuant to these regulations, and if it appears to him that the person whose name is signed on the counterfoil is not on the roll for the division, he shall reject the ballot-paper. If he decides to accept the ballot-paper he shall tear off the counterfoil and place the ballot-paper in a ballot-box. All counterfoils and rejected ballot-papers shall be sealed up and preserved by the Returning Officer. The ballot-box containing the ballot-papers shall be well shaken, and the ballot-papers may then be taken out and counted.

15. (1)  At the counting of the votes the Returning Officer shall open the absent voters’ ballot-papers and examine them, and shall allow and count those which are formal, and shall disallow and reject those which are informal.

(2)   An absent voter’s ballot-paper shall be deemed informal in the following cases:—

(a) In any case, if it is not initialed by the Presiding Officer.

(b) In elections for the Senate, if the voter has voted for a greater or less number of candidates than are required to be elected.

(c) In elections for the House of Representatives, if the voter has voted for more than one candidate.

(d) In any case if it has upon it any mark or writing not authorized by these regulations which, in the opinion of the Returning Officer, would enable any person to identify the voter.

(e) In any case, if the Returning Officer is of opinion that the voter’s intention is not clear.

(3)  An absent voter’s ballot-paper shall not be deemed informal by reason of any mistake in spelling, where the voter’s intention is clear.

(4)  The decision of the Returning Officer as to the allowance or disallowance of any absent voter’s ballot-paper under this regulation (and for this purpose any opinion of the Returning Officer shall be deemed a decision), shall be final subject only to review by the Court of Disputed Returns.

Forwarding of Marked Lists.

16. Every Presiding Officer shall, forthwith after the close of the poll, forward to the officer who is to conduct the scrutiny of the ballot-papers—

(a) A marked list of voters enrolled for the polling place over which he presided, showing those who voted at that polling place; and


 

(b) A statement of the number of persons enrolled to vote at other polling places who voted at the polling place over which he presided, after making the declaration in form Q in the schedule to the Act.

Comparison of Ballot-papers with Marked List.

17. The number of ballot-papers in each ballot-box must be carefully compared by the officer conducting the scrutiny with the number of votes shown by the marked list of voters and statement received from the Presiding Officer to have been given at the polling place from which the ballot-box was received.

Counting of Votes from Small Polling Places.

18. Except in case of the last ballot-box to be counted, where there are less than 100 ballot-papers in a ballot-box, the scrutiny of those ballot-papers shall not be proceeded with until at least 100 ballot-papers are ready for counting.

Preservation of Ballot-papers, Lists of Voters, etc.

19. All ballot-papers shall, after the scrutiny is completed, be sealed up by the officer who conducted the scrutiny. Assistant Returning Officers shall then transmit all the ballot-papers sealed up by them to the Returning Officer for the Division, who shall be responsible for the safe custody of these documents until authority of the Commonwealth Electoral Officer of the State has been obtained for their destruction. He shall also preserve the Lists of Voters and the Q forms used at the election.

Undertaking to be made by Officers.

20. Every Returning Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, and Scrutineer shall make and subscribe an undertaking in accordance with the following terms:—

I (here insert name, address, and occupation) do hereby promise and undertake that I will faithfully perform the duties of (here insert name of office held by the person making declaration) 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 answer to a question which I am legally bound to answer.

Made and subscribed this                      day of        19       .

The fact that any Returning Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, or Scrutineer has not made the declaration required by this Regulation shall not be a ground for setting aside any election.


Application to Change Polling Place.

21. An application by an elector to change his polling place to another for the same Division may be in the following form:—

Commonwealth of Australia.

State of

The Commonwealth Electoral Act 1902.

Electoral Division of

Application to Change from one Polling Place to another—within the same Division.

Surname—

Christian name at full length—

Sex—

Present place of living—

Occupation—

I desire to have my name changed from the Electoral Roll for
       Polling-Place, to the Electoral Roll for the
Polling-Place within the Division.

 

Dated this                                              day of                       190

Signature—

Witness—

Occupation—

Place of living—

Application for the Correction of Errors.

22.   An application by an elector for the correction of any obvious mistake or omission in the roll may be in the following form:—

Commonwealth of Australia.

State of

The Commonwealth Electoral Act 1902.

Electoral Division of

Polling Place—

Correction required on Commonwealth Electoral Roll—

Particulars as shown in printed Roll.

No.

Surname.

Christian Name at full length.

Sex.

Place of Living.

Occupation.

 

 

 

 

 

 


 

In place of the above particulars please substitute the following:—

No.

Surname.

Christian Name at full length.

Sex.

Place of Living.

Occupation.

 

 

 

 

 

 

Signature—

Date—                                                                   Place of living—

Witness—

Occupation—

Place of living—

Repeal of Prior Regulations.

23. All regulations heretofore made under the Act are hereby repealed as from the coming into operation of these regulations.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.