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Electoral and Referendum Regulations

SR 1906 No. 42 Regulations as made
Principal Regulations; Repeals the Commonwealth Conciliation and Arbitration Regulations.
Date of repeal 14 Sep 1906
Repealed by Electoral and Referendum Regulations

STATUTORY RULES.

1906. No. 42.

 

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACTS 1902–1905.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that the following Regulations under the Commonwealth Electoral Acts 1902–1905 should, on account of urgency, come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated the sixth day of June, One thousand nine hundred and six.

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 Acts 1902–1905.

Repeal.

2.  The Regulations under the Commonwealth Electoral Act 1902 (Statutory Rules, 1905, No. 72), are hereby repealed.

Change of Electors from One Roll to Another.

Sec. 26.

3.   (1) When any directions are issued by the Minister in accordance with section 26 of the 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 the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

To

You are hereby informed that your name has been removed from the Polling-place Roll for      polling place in the Electoral Division of                                                                and has been placed on the Polling-place Roll for                                                                                                polling place in the Electoral Division of         and that you are now entitled to vote at the latter polling place.

Dated the                                            day of                                       19    .

Electoral Registrar.

(3)  Where—

(a) a polling place is abolished and the Minister directs that all electors whose names were on the Roll for that polling place shall be changed to one other Polling-place Roll; or

C.6450.—Price 5d.

(b) the boundaries of a Division are altered and any polling place becomes changed from a polling place for one Division to another Division and all electors whose names are on the Roll for the polling, place become changed from the Roll for the one Division to one Polling-place Roll for the other Division.

Public notice of the change may be given in the 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 Roll.

4.  The Roll may be in the following form, and shall contain the particulars indicated therein:—

Commonwealth of Australia.                                     19  .

Electoral Roll.

State of [here insert name of State].

Division of [here insert name of Division].

Roll of Electors who vote at [here insert name of polling place].

No.

Surname of each Elector.

Christian names of each elector at full length.

Sex.

Place of Living.

Occupation.

Remarks and initials to alterations.

 

 

 

 

 

 

 

Sale of Electoral Rolls.

5.  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..............................................................................

2

6

Rolls to be open for Public Inspection.

6.  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.

Rejection of Claim for Enrolment.

7. (1)   If the Electoral Registrar is not satisfied that any claimant is entitled to be enrolled he shall transmit the claim to the Divisional Returning Officer, with such observations relating to it as he thinks proper.

(2)  The Divisional Returning Officer shall thereupon, after making such inquiry, if any, as he thinks fit to make, decide the claim.

(3)  If the Divisional Returning Officer decides not to enrol the elector pursuant to the claim, he shall give notice to the claimant of his decision. The notice may be in the form following:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902-1905.

Notice of Rejection of Claim for Enrolment.

Notice is hereby given that I have decided not to enrol your name on the Electoral Roll for the Division of                                                                                                                       because I am not satisfied as to [here state matters as to which the Divisional 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 for an order directing that your name may be added to the Roll.

Dated the                          day of                     19    .

(Signed)

Returning Officer for the

Division of

To

Notification of Transfer to another Division.

Sec. 61.

8.  Notification of transfer to another Division may be in the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

State of

Division of

Notification of Transfer to Another Division.

To the Electoral Registrar for the Polling Place of

You are hereby informed that                                                                                          who was formerly on the Roll for the Polling Place of                                                                 in the Division of                                 , having complied with the requirements of the Commonwealth Electoral Acts 1902–1905, has been enrolled for the Division of                                                , to vote at the Polling Place of

You are requested to remove such name from the Roll for the Polling Place of               , in the Division of

Dated this                         day of                       19           .

(Signed)

Electoral Registrar for the

Polling Place of

Application to Change Polling Place.

Sec. 61a—(1).

9.  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.

The Commonwealth Electoral Acts 1902–1905.

State of

Electoral Division of

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

Surname—

Christian names at full length—

Sex—

Present place of living—

Occupation—

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

Dated this                                day of                       19

Signature—

I,                           , an elector of the Commonwealth, enrolled for                                              Polling Place in the Division of                                                      , 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.

Witness to signature—

Note.—Any person who witnesses the signature of the applicant 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.

Notification of Change from one Polling Place to Another within the same Division.

Sec. 61a (4).

10. Notification of Change from; one Polling Place to another within the same Division may be in the following form:—

Commonwealth of Australia.

The Commonwealth, Electoral Acts 1902–1905.

State of

Division of

Notification of Change from one Polling Place to Another, within the Same Division.

To the Electoral Registrar for the Polling Place of

You are hereby informed that                                                                              who was formerly on the Roll for the Polling Place of                                                      having complied with the requirements of the Commonwealth Electoral Acts 1902–1905, has been enrolled for this Polling Place.

You are requested to remove such name from the Roll for the Polling Place of

Dated this                         day of                       19           .

(Signed)

Electoral Registrar for the

Polling Place of

Application for Alteration or Correction.

Sec. 62 (1), a and b.

11. An application by an elector for an alteration or correction in the Roll may be in the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

State of

Electoral Division of

Polling Place—

Alteration or Correction required on Commonwealth Electoral Roll—

Particulars as shown in Roll.

No.

Surname.

Christian Names at full length.

Sex.

Place of Living.

Occupation.

 

 

 

 

 

 


 

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

No.

Surname.

Christian Names at full length.

Sex.

Place of Living.

Occupation.

 

 

 

 

 

 

Signature of the Elector—

Date—

I,                           , an elector of the Commonwealth, enrolled for                                              Polling Place in the Division of                                                      , 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.

Witness to signature—

Notice to Person Objected to.

Sec. 70.

12. The Notice to be forwarded by the Returning Officer to a person whose name has been objected to may be in the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

Notice of Objection to Person Objected 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 Division of [here insert name of Division] in the State of [here insert name of State] on the ground that [here state grounds of objection].

You are entitled at any time within twenty days from the date hereof 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 date hereof.

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

Notice of the decision on the objection will be sent to you.

Dated the                          day of                       19           .

(Signed)

Returning Officer for the Division

of

To

Manner of Answering Objection.

Sec. 71.

13. Any person against whom an objection has been lodged or made may answer the objection as follows:—

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

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

Inquiry into Objection

Sec. 72.

14. 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.

Sec. 72.

15. The Returning Officer shall send notice of his decision to the objector and to the person objected to. The notice may be in the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

Notice of Determination of Objection.

Notice is hereby given that I have considered the objection lodged by [here set out the name of objector] against the name of [here set out name of person objected to] and have decided to [here set out the determination arrived at such as “dismiss the objection” or “strike out the name of the said                            from the Electoral Roll for the Division of                               in the State of                           .” If any allowance is awarded to the person objected to it should be set out].

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.

Dated the                          day of                       19           .

(Signed)

Returning Officer for the Division

of

To

Electoral Appeals.

Sec. 73.

16. (1)  An application under section 73 of the Act to a Court of Summary Jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment, or of notice of the determination of an objection, 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.

Withdrawal by Candidate of Consent to Nomination.

Sec. 105a.

17. The withdrawal by a Candidate of his consent to nomination may be in the following form:—

Form of Withdrawal of Consent to Nomination.

Commonwealth of Australia.

State of

Division of [here insert name of Division if for the House of Representatives].

To the [insert Commonwealth Electoral Officer or Divisional Returning Officer, as the case may be].

I [insert Christian names, surname, place of residence, and occupation] do hereby withdraw my consent to nomination as [insert here Senator or Member of the House of Representatives, as the case may be], dated the                    day of                          19        , and apply for refund of Deposit.

Dated at [insert place] this                        day of                           19       .

(Signed)            [Signature of Candidate.]

Witness—

Note.—To be signed in the presence of an authorized witness as defined in Section 109a of the Act.

Ballot-box for Postal Votes.

Sec. 119.

18. The Returning Officer for each division shall keep a ballot-box 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.

Undertaking to be Made by Officers and Scrutineers.

Sec. 124.

19. (1)  Every Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant 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 signing undertaking) to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any elector, or, except by recording my vote as allowed by law, the result of any election, and that I will not disclose any knowledge officially acquired by me touching the vote of any elector, except in reply to a question which I am legally bound to answer.

Signature—

Date—

Witness to signature—

(2)  The fact that any Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, or Scrutineer has not signed the undertaking required by this Regulation shall not be a ground for setting aside any election.

Same Polling Booth may be used for two Elections.

Sec. 124.

20. 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-boxes.

Sec. 129.

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

Facilities for Enabling an Elector to Vote.

At a polling place within the Slate (other than a polling place for the Division for which the elector is enrolled.)

Sec. 139. (2).

22. 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 a palling place 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 23, and having the names of the candidates thereon in the same manner as on an ordinary ballot-paper except that the names may be either printed or written, shall be handed to him, the ballot-paper having first been initialed on the back 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 compartment of the Polling Booth, and there in private mark his vote on the ballot-paper in the manner hereafter described, 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 making a cross in the square opposite the name of each candidate for whom the voter votes. The voter shall vote for the full number of candidates to be elected.

(II.) In Elections for the House of Representatives by making a cross in the square opposite the name of the candidate for whom the voter votes.

Form of Absent Voter’s Ballot-paper.

Sec. 139(2) a.

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

Section 139, Sub-section (2) a

Commonwealth of Australia.

Absent Voter’s Ballot-paper.

To be used by an Elector voting at a polling place in the State (other than a polling place for the Division for which he is enrolled) which is presided over by a Divisional Returning Officer or an Assistant Returning Officer.

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 compartment of the Polling Booth, and there in private mark his vote on the ballot-paper. 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.

Directions.—The elector should mark his vote on this ballot-paper by making a cross in the square opposite the name of each candidate for whom he votes. He must vote for the full number of candidates to be elected.

BALLOT - PAPER.

Candidates.

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

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

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

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

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

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

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.

Divisional Returning Officer or Assistant Returning Officer.

C. 6450.—B

Section 139, Sub-section (2) a.

Commonwealth of Australia.

Absent Voter’s Ballot-paper.

To be used by an Elector voting at a polling place in the State (other than a polling place for the Division for which he is enrolled) which is presided over by a Divisional Returning Officer or an Assistant Returning Officer.

State of

Electoral Division of

Sec. 139(2) a.

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 compartment of the Polling Booth, and there in private mark his vote on the ballot-paper. 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.

Directions.—The elector should mark his vote on this ballot-paper by making a cross in the square opposite the name of the candidate for whom he votes.

BALLOT - PAPER

Candidates.

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

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

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

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

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

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.

Divisional Returning Officer or Assistant Returning Officer.

Forwarding of Absent Voters’ Ballot-papers.

Sec. 139 (2) b

24. Every absent voter’s ballot-paper containing a vote 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 Divisional Returning Officer or Assistant Returning Officer shall, by telegraph, or other expeditious manner, advise each Divisional Returning Officer of the number of absent voters’ ballot-papers so forwarded to him.

Scrutiny of Absent Voters’ Ballot-papers.

Sec. 139 (2) c.

25. (1)  The Divisional Returning Officer shall examine every absent voter’s ballot-paper 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. The ballot-box containing the ballot-papers shall be well shaken, and the ballot-papers may then be taken out and the scrutiny proceeded with. All counterfoils and rejected ballot-papers shall be sealed up and preserved by the Divisional Returning Officer.

(2) At the scrutiny the Returning Officer shall open the absent voters’ ballot-papers, and shall allow and count those which are formal, and shall disallow and reject those which are informal.

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

(a) In any case, if it is not duly initialed by the Presiding Officer—being a Divisional or Assistant Returning Officer.

(b) In elections for the Senate, if it has no cross in the square opposite the name of any candidate, or has crosses in squares opposite the names of a greater or less number of candidates than the number required to be elected.

(c) In elections for the House of Representatives, if it has no cross in a square opposite the name of a candidate, or has crosses in squares opposite the names of 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, will enable any person to identify the voter.

(4)  The decision of the Divisional Returning Officer as to the allowance or disallowance of any absent voter’s ballot-paper under this regulation shall be final subject only to reversal by the Court of Disputed Returns.

Arrangements in connexion with the Scrutiny.

Sec. 155.

26. (1)  Forthwith after the receipt of the ballot-box at a counting centre from a Presiding Officer, the Divisional Returning Officer or Assistant Returning Officer shall exhibit it for the inspection of the scrutineers present, and shall record the condition in which the box is received, and shall then, in the presence of the scrutineers present; open the ballot-box and take out and count the ballot-papers (but not inspect the votes), and record the total number of the ballot-papers taken therefrom, and thus check the statement of the Presiding Officer.

(2)  If the total number of ballot-papers taken from a ballot-box is not less than one hundred, the votes may immediately be inspected and counted.

(3)  If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes’ in them shall be reserved.

(4)  The ballot-papers, in the reserve ballot-box may be taken out and counted when all the ballot-papers taken from any two or more ballot-boxes and placed in the reserve ballot-box exceed one hundred, but in cases where no more ballot-boxes are to be received at the counting centre, the ballot-papers may be taken out and counted, notwithstanding that there are less than one hundred ballot-papers in the reserve ballot-box.

Preservation of Ballot-papers, Lists of Voters, “Q” Forms.

Sec. 159.

27. All ballot-papers, Lists of Voters, and “Q” forms used at an election shall, after the scrutiny is completed, be sealed up by the officer who conducted the scrutiny. Assistant Returning Officers shall transmit all the ballot-papers and other documents referred to above sealed up by them to the Returning Officer for the division, who shall be responsible for the safe custody of these documents until the authority of the Commonwealth Electoral Officer of the State has been obtained for their destruction.

Recount of Ballot-papers.

Secs. 161a, 164a.

28. (1)  Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall send to each candidate notice of the time and place when the recount will be made.

(2)  The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineers, or (if no scrutineers are present), in the presence of a witness, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.

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

(4)  After a parcel has been opened and the votes therein counted, the ballot-papers, shall be placed in their original cover, which shall be re-sealed, re-fastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact, and date of the recount, and shall be signed by the Divisional Returning Officer.

Electoral Expenses.

See. 172.

29. The fee to be paid for an inspection of the Return and the receipted bills of particulars of a candidate’s electoral expenses shall be 2s. 6d.

 

By Authority J. Kemp, Acting Government Printer, Melbourne