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Electoral and Referendum Regulations

SR 1910 No. 2 Regulations as made
Principal Regulations; Repeals the former Commonwealth Conciliation and Arbitration Regulations.
Date of repeal 22 Dec 1910
Repealed by Superseded by Electoral and Referendum Regulations (Amendment) (SR 1910 No. 137)

STATUTORY RULES.

1910. No. 2.

 

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902–1909 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906–1909.

I, THE ADMINISTRATOR in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Electoral Act 1902–1909 and the Referendum (Constitution Alteration) Act 1906–1909 should come into operation on the fifteenth day of January One thousand nine hundred and ten, and make the Regulations to come into operation on that date as Provisional Regulations.

Dated the twelfth day of January, One thousand nine hundred and ten.

CHELMSFORD,

Administrator.

By His Excellency’s Command,

GEORGE W. FULLER,

Minister of State for Home Affairs.

 

PART I.—ELECTORAL REGULATIONS.

Definition.

1. In these Regulations “the Act” means the Commonwealth Electoral Act 1902–1909.

Application of Regulations.

Sec. 209 (4).

2. (I.) These Regulations supersede the Provisional Regulations under the Commonwealth Electoral Acts 1902–1905 (Statutory Rules 1909, Nos. 18 and 131.)

(ii.) Repealed Forms “B,” “C,” and “D,” in the Schedule to the Commonwealth Electoral Acts 1902–1905, and any form (other than forms of absent voters’ ballot-papers) prescribed by those Regulations may continue to be used until the 30th day of June, 1910, without any attestation or witnessing further than is provided for in such forms.

(III.) Nothing in these Regulations shall affect the Regulations relating to Joint Electoral Rolls in the State of Tasmania (Statutory Rules 1909, No. 29).


 

Change of Electors from one Roll to Another.

Sec. 26.

3. (I.) 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.

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

Commonwealth of Australia.

Change of Electors from one Roll to another under the Provisions of Section 26 of the Commonwealth Electoral Act 1902–1909.

To

You are hereby informed that your name has been removed from the Roll for the                                     Subdivision of the Electoral Division of                                                       and has been placed on the Roll for the                        Subdivision of the Electoral Division of                                                                                                                                              Electoral Registrar for the                                Subdivision.

Dated the                                             day of                                       19    .

(III.) Where—

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

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

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

Form of Roll.

4. The Roll shall, in the case of any Roll prepared or printed after the Divisions of any State have been divided into Subdivisions, be in accordance-with the following form, and shall contain the particulars indicated therein:—

Commonwealth of Australia.

Electoral Roll

State of [here insert name of State].

Division of [here insert name of Division].

Roll of Electors for the Subdivision of [here insert name of Subdivision].

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

[Here follow Names, &c.]

Footnote:—M signifies Male, F signifies Female.


Sale of Electoral Rolls.

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

 

s.

d.

Principal Roll for a Division.......................................................

2

0

Principal Roll for a Subdivision.................................................

0

6

Supplemental Roll for a Division...............................................

0

6

Supplemental Roll for a Subdivision..........................................

0

3

Rolls to be open to Public Inspection.

Sec. 35.

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.

Notice to person whose name has been omitted from a Subdivision Roll on the preparation of new Rolls.

6a. Where in the preparation of new Rolls the name of any person, whose name was on the roll for any Subdivision immediately prior to the preparation of the New Rolls, has been omitted from the new Roll for that Subdivision, on the ground that he was not then living in that Subdivision, the Commonwealth Electoral Officer for the State may, as soon as practicable after the preparation of the Roll has been completed, give him written notice of the omission, and shall in the notice give such directions as he thinks fit to enable him to have his name enrolled if he is so entitled.

Acknowledgment of Claims, etc.

Sees. 56, 59, and 61a.

6b. An acknowledgment of a claim for enrolment or application for transfer or change of enrolment may be issued by the Officer receiving such claim or application in such form as may be authorized.

Rejection of Claim for Enrolment.

Sec 57.

7. (I.) 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.

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

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

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

Notice of Rejection of Claim for Enrolment.

To

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.

Returning Officer for the

Division of

Dated the                             day of                                19  .

a 2


Notification of Transfer to another Electoral Division.

Sec. 61.

8. Notification of transfer to another Division shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

State of

Notification of Transeer to another Division.

To the Electoral Registrar for the                                                                     Subdivision,                                                                 Division of                                         

You are hereby informed that                                                                                          who was formerly on the Roll for the                                                                  Subdivision of the Division of                         , having complied with the requirements of the Commonwealth Electoral Act 1902–1909, has been enrolled for this Subdivision of the Division of                                         

You are requested to remove such name from the Roll for the                                        Subdivision of the Division of                                                                                                                                                         Electoral Registrar for the                                                  Subdivision                                                                              Division of                                         

Dated the                                    day of                           19  .

Received                (date).

Name removed       (date).

Initials of Registrar—

Application to Change prom one Subdivision to another within the same Electoral Division.

Sec. 61A (2).

9. An application by an elector to change from one Subdivision to another Subdivision within the same Electoral Division shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902-1909.

State of

Division of

Application to Change from one Subdivision to another Subdivision within the same Electoral Division.

To the Electoral Registrar for the                                                Subdivision.

I hereby apply to have my name changed from the Electoral Roll for the                        Subdivision to the Electoral Roll for the                                                                  Subdivision within the same Electoral Division.

Surname—

Christian names at full length—

Present place of living—

Occupation—

Sex—

Usual Signature—

Dated the                           day of                                       19     .

I, the undersigned, an elector of the Commonwealth, enrolled for the                                         Subdivision of 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.

Signature of Witness—

Address—

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.

N.B.—An elector may only have his name placed upon a Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision may be inspected at any post-office, and electoral forms for public use may be obtained at any post-office.

Received                (date).

Registrar                 (date).

Initials of Registrar—


 

Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.

Sec. 61A (4)

10. Notification of change from one Subdivision to another Subdivision within the same Electoral Division shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902—1909.

State of

Division of

Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.

To the Electoral Registrar for the                                             Subdivision.

You are hereby informed that                                                                              who was formerly on the Roll for the                                                                               Subdivision having complied with the requirements of the Commonwealth Electoral Act 1902—1909, has been enrolled for this Subdivision.

You are requested to remove such name from the Roll for the                                        Subdivision.

Electoral Registrar for the                                        Subdivision.

Dated the                    day of                                19    .

Received                (date).

Name removed       (date).

Initials of Registrar—

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 shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902—1909.

State of—

Division of—

Subdivision of—

Application for Alteration or Correction in the Commonwealth Electoral Roll.

To the Electoral Registrar for the                                                        Subdivision.

Name and Particulars as appearing in Roll.

No.

Surname.

Christian Names at full length.

Place of Living.

Occupation.

Sex.

 

 

 

 

 

 

In place of the above please substitute the following:—

No.

Surname.

Christian Names at full length.

Place of Living.

Occupation.

Sex.

 

 

 

 

 

 

Signature of Elector—

Dated the                          day of                        19  .


I, the undersigned, an elector of the Commonwealth, enrolled for the                             Subdivision of 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.

Signature of Witness—

Address—

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

Electoral forms for public use may be obtained at any post-office.

Received                (date).

Registrar                 (date).

Initials of Registrar—

Notice to Person Objected to.

Sec. 70.

12. (1.) The notice to be forwarded by the Returning Officer to a person whose name has been objected to shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

Notice of Objection to Person Objected to.

To

Notice is hereby given that an objection has been lodged with me by [here set out name and description of objector] objecting to your name being retained on the Electoral Roll for the Division of [here insert name of Division] in the State of [here insert name of State] on the following grounds, namely:—[here state grounds of objection].

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

If you intend to answer the objection orally, you should attend at my office at                                                   between the hours of                           and                              on some day before the expiration of twenty days from the posting of this notice.

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

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Returning Officer for the Division of

Dated the                                day of                  19    .

(II.) Where the form of notice specified in this Regulation has been used, the Returning Officer need only send notice of his decision, under Regulation 15, to the following persons:—

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

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

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


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.

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

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

Notice of Determination of Objection.

To

Notice is hereby given that I have considered the objection lodged by [here set out the name of objector] to the retention of the name of [here set out name of person objected to] on the Roll for the Division of    and have decided—

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

(b) to dismiss the objection.

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

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

                                                                                             Returning Officer for the Division                      of                                                                                                                    

Dated the                             day of                        19  .

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 (Regulation 7), or of notice of the determination of an objection (Regulation 15), 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.

(II.) 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.

(III.) 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.

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

(v.) 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 shall be in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

State of

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

Form of Withdrawal of Consent to Nomination.

To the [here insert Commonwealth Electoral Officer in the case of a Senate Election or Divisional Returning Officer in the case of a House of Representatives Election].

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

[Signature of Candidate.]

Dated at [here insert place] this                       day of               19  .

Witness—

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

Form of Application for a Postal Vote Certificate and Postal Ballot-Paper.

Section 109.

17a. The form of application for a postal vote certificate and postal ballot-paper shall be in accordance with the following form:—

Form K.

——

Commonwealth of Australia.

The Commonwealth Electoral Act 1902–1909.

Application for Postal Vote Certificate and Postal Ballot-Paper.

State of—

To the Divisional Returning Officer, Electoral Division of [here insert name of Division].

I, [here insert Christian names, surname, place of living and occupation] hereby apply for a Postal Vote Certificate and a Postal Ballot-paper.

I am an elector enrolled on the Electoral Roll for the [here, insert name of Subdivision] Subdivision of the above-named Division.

The ground on which I apply is—

(a) that I have reason to believe that I will not, during the hours of polling on polling day, be within five miles of any Polling Place for the Division for which I am enrolled.

My reason for this belief is [here insert the reason for belief].

(b) that, being a woman, I will, on account of ill-health, be unable to attend the Polling Place on polling day to vote.

(c) that I will be prevented by serious illness or infirmity from attending the Polling Place on polling day to vote.

Note.—(i.) The elector will rule out any two of the above grounds which do not apply to his or her particular case, as only one ground is necessary for the application.

(ii.) An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a Postal Vote Certificate and Postal Ballot-paper.

Penalty: Fifty pounds, or one month’s imprisonment.

I request that a Postal Vote Certificate, together with a Postal Ballot-paper for the Senate Election and a Postal Ballot-paper for the House of Representatives Election (or either, as the case requires), may be forwarded to me, addressed as follows:—

[Here insert address to which papers are to be forwarded].

Signed by the Elector (in his own handwriting) in my presence—

(Signature of Authorized Witness)—

(Title under which Witness acts as Authorized Witness)—

Signature of Elector—

Date—                                      19

Authorized Witnesses.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons in charge of Post Offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all Officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Lighthouses; all Pilots in the service of the Commonwealth or of a State or of any local governing body; all Telegraph Line Repairers permanently employed in the Public Service of the Commonwealth who are in charge of working parties; all Railway Stationmasters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.

Duty of Authorized Witnesses.

An authorized witness shall not witness the signature of any elector to an application for a postal vote certificate and postal ballot-paper unless—

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

(b) he has seen the applicant sign the application in his the applicant’s own handwriting; and

(c) he is personally acquainted with the facts or has satisfied himself by inquiry from the applicant that the statements contained in the application are true.

Penalty: Fifty pounds, or one month’s imprisonment.

Note.—(i.) An application for a postal vote certificate and postal ballot-paper for the purposes of an election for the Senate or a general election for the House of Representatives is deemed to include an application for a postal ballot-paper for any referendum under the provisions of the Referendum (Constitution Alteration) Act 1906–1909 held on the same day as the election or elections.

(ii.) This application must be made and sent after the issue of the writ for the election to which it relates, and before the polling-day for the election.

Form of Postal Vote Certificate.

Sec. 110.

17b. (i.) The postal vote certificate shall be in accordance with the following form:—

Commonwealth of Australia.                              No.

The Commonwealth Electoral Act 19021909.

State of—                                                           Division of—

Postal Vote Certificate.

I hereby certify that                                  of                                       is entitled to vote at the Election for the Senate in the above-mentioned State, and at the Election for the House of Representatives for the above-named Division (or either, as the case requires), to be held on [here insert date of election or elections].

Divisional Returning Officer.

Dated the                                 day of                        19  .

Note.—This certificate entitles the elector to vote at any referendum under the provisions of the Referendum (Constitution Alteration) Act 1906–1909 held on the same day as the election or elections for which it is issued.

Signed by the Voter (in his own handwriting) in my presence—

(Signature of Authorized Witness)—

(Title under which Witness acts as Authorized Witness)—

Signature of Voter—

Date                                           19        .

Authorized Witnesses.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons in charge of Post Offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all Officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Lighthouses; all Pilots in the service of the Commonwealth or of a State or of any local governing body; all Telegraph Line Repairers permanently employed in the Public Service of the Commonwealth who are in charge of working parties; all Railway Station-masters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.

Note.—The attention of the elector and authorized witness is specially directed to the necessity of strictly observing the instructions indorsed on the back of each Postal Ballot-paper, and to the fact that this envelope containing the Postal Ballot-paper [or Postal Ballot-papers] must be forthwith posted by the Authorized Witness.

(II.) This form is to be printed on the flap of an envelope to be addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate is enrolled.

Form of Postal Ballot-paper for a Senate Election.

17c. The postal ballot-paper for a Senate Election shall be in accordance with the following form:—

[Front of Form.]

Commonwealth of Australia.

State of [here insert name of State].

The Commonwealth Electoral Act 1902–1909.

Election of                         Senators.

——

Note.—The Elector must vote for the full number of candidates to be elected.

POSTAL BALLOT-PAPER.

_________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

Note.—The Elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.

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

*Fasten Here

Commonwealth of Australia.

 

Returning Officer's Initials stampState of—

 

The Commonwealth Electoral Act 1902–1909

 

Election of                  Senators.

POSTAL BALLOT-PAPER.

[Back of Form.]

*Fasten Here

Sec. 110 (2).

Directions to Elector.

(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.

(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote by writing of this ballot-paper the names of the candidates for whom he votes, and shall fold and secure the ballot-paper so that the vote cannot be seen.

(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen.

(d) The elector shall then, in the presence of the authorized witness, sign his name in his own handwriting on the postal vote certificate, in the place provided for the signature of the voter.

(e) The authorized witness shall then sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness, and the date.

(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer, which must then be fastened and taken charge of by the authorized witness for posting.

Directions to Authorized Witness.

The authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.

Every authorized witness shall—

(a) comply with the preceding directions in so far as they are to be complied with on his part;

(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;

(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and

(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.

Penalty: One hundred pounds or Three months’ imprisonment.
Duty of Persons Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;

(b) refrain from making any communication whatever to the elector in relation to his vote;

(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and

(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds or Three months’ imprisonment.

(Fold in.)

Form of Postal Ballot-paper for a House of Representatives Election.

17d. The postal ballot-paper for a House of Representatives Election shall be in accordance with the following form:—

[Front of Form.]

Commonwealth of Australia.

State of [here insert name of State]

The Commonwealth Electoral Act 1902–1909.

Electoral Division of—

Election of ONE Member of the House of Representatives.

POSTAL BALLOT-PAPER.

 

Note.—The elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.

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

*Fasten here

Returning Officer's Initials stamp
 


Commonwealth of Australia.

State of—

 

The Commonwealth Electoral Act 1902–1909

 

Electoral Division of—

 

Election of ONE Member of the House of Representatives.

POSTAL BALLOT PAPER.

[Back of Form.]

*Fasten here

See. 110 (2).

Directions to Elector.

(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.

(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote by writing on this ballot-paper the name Of the candidate for whom he votes, and shall fold and secure the ballot-paper so that the vote cannot be seen.

(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen.


 

(d) The elector shall then, in the presence of the authorized witness, sign his name in his own handwriting on the postal vote certificate, in the place provided for the signature of the voter.

(e) The authorized witness shall then sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness, and the date.

(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer which must then be fastened and taken charge of by the authorized witness for posting.

Directions to Authorized Witness.

The authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.

Every authorized witness shall—

(a) comply with the preceding directions in so far as they are to be complied with on his part;

(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;

(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and

(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.

Penalty: One hundred pounds or Three months’ imprisonment.

Duty of Persons Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;

(b) refrain from making any communication whatever to the elector in relation to his vote;

(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and

(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds or Three months’ imprisonment.

(FOLD IN.)

Manner of Marking Postal Vote.

Sec. 118a.

17e. The manner in which an elector voting by post shall mark his vote is as follows:—

(a) In the case of a Senate Election, by writing on the ballot-paper the names of the candidates for whom he votes; and

(b) In the case of a House of Representatives Election, by writing on the ballot-paper the name of the candidate for whom he votes.

Ballot-box for Postal Votes.

See. 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 the Act.


Undertaking to be made by Officers and Scrutineers.

Sec. 124.

19. (I.) 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—

Dated the                        day of                                          19     .

Witness to signature—

(II.) 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.

Prescribed Polling Places for a Subdivision.

Secs. 130, 139 145, and 153a

19a. The polling places for a Subdivision shall be those polling places which are declared by the Minister by Gazette notice to be the polling places for that Subdivision; and those polling places shall be the polling places prescribed for all electors who are enrolled for that Subdivision.

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.

Circle for Presiding Officer’s Initials.

Secs. 131, 132, and 134.

21a. A circle containing the words “Presiding Officer’s Initials” may be printed on the back of each ballot-paper to indicate the position in which the initials of the Presiding Officer should be placed.


Alteration of Form q.

Sec. 139 (1) (b)

21b. The following Form may be used in lieu of Form q in the Schedule to the Act:—

Form Q.                                    Sec. 139 (1) (b).

Commonwealth of Australia.

State of

The Commonwealth Electoral Act 1902–1909.

FORM OF DECLARATION TO BE SIGNED BY A VOTER BEFORE VOTING AT ANY POLLING PLACE IN THE SAME DIVISION OTHER THAN A PRESCRIBED POLLING PLACE FOR THE SUBDIVISION FOR WHICH HE IS ENROLLED.

I declare that I am the person enrolled as—

Surname.

Christian Names at full length.

Place of Living.

Occupation.

 

 

 

 

on the Electoral Roll for the                                                                                         Subdivision of the Division of                                     , and that I have not voted at either this or any other Polling Place, or by post, at the election for the Senate or for the House of Representatives being held this day, and I promise and declare that if I am permitted to vote at this Polling Place I will not vote elsewhere at either of these elections.

Signature of Elector—

Declared before me this                                   day of                                                              19 at                Polling Place.

Presiding Officer—

Note.—By section 15a of the Referendum (Constitution Alteration) Act 1906–1909 this declaration may be accepted as sufficient to enable the elector to vote at a referendum held on the same day as the election, and, where a declaration is so accepted, no declaration need be made or signed for the purposes of the referendum.

*Facilities for enabling an Elector to Vote at a Polling Place within the State, other than a Polling Place for the Division for which the Elector is Enrolled.

Sec. 139 (2).

22. (1.) In the case of an election for the Senate or a General Election for the House of Representatives, an elector may, subject to this Regulation, vote as an absent voter at any polling place in the State (not being 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.

(a) The elector must state his name, his place of living and occupation, and the Division and Subdivision 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 elector any of the questions prescribed by section 141 of the Act which is applicable to the case.

 

*Note.—By section 4 (4) (d) of the Referendum (Constitution Alteration) Act 1906–1909 these regulations are, so far as applicable, to apply to a referendum.


 

(c) If the elector answers satisfactorily the questions put to him, or if no questions are put to him, he may be allowed to vote as an absent voter upon making a declaration in accordance with the following form:—

Commonwealth of Australia.

State of—

The Commonwealth Electoral Act 1902–1909

DECLARATION TO BE MADE 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.

I declare that I am the person enrolled as—

Surname.

Christian Names at full length.

Place of Living.

Occupation.

 

 

 

 

on the Electoral Roll for the                                                                                         Subdivision of the Electoral Division of                                          , and that I have not voted at either this or any other Polling Place, or by post, at the election for the Senate or for the House of Representatives being held this day, and I promise and declare that if I am permitted to vote at this Polling Place as an Absent Voter I will not vote elsewhere at either of these elections.

Signature of Elector—

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

Returning Officer.

Note.—By section 15A of the Referendum (Constitution Alteration) Act 1906–1909 this declaration may he accepted as sufficient to enable the elector to vote at a referendum held on the same day as the election, and, where a declaration is so accepted, no declaration need be made or signed for the purposes of the referendum.

(d) The form of declaration may be printed on an envelope addressed to the Returning Officer for the Division for which the elector is enrolled, and must after being filled up be signed by the elector in his own handwriting in the presence of the Returning Officer and completed and attested by the Returning Officer.

(e) After the declaration has been made, the Returning Officer shall hand to the elector a ballot-paper for the Senate Election or a ballot-paper for the House of Representatives Election, or one ballot-paper for each election, as the case requires, together with a ballot-paper for each referendum held on the same day. Each ballot-paper shall be initialed on the back by the Returning Officer.

Note.—When an election for the Senate is held on the same day as an election for the House of Representatives, and when any referendum under the provisions of the Referendum (Constitution Alteration) Act 1906–1909 is held on the same day as an election for the Senate and a general election for the House of Representatives, or either, one declaration is sufficient for the purposes of the election and referendum.


(f) The names of the candidates shall be placed on absent voters’ ballot-papers in the case of elections for the Senate and for the House of Representatives in the same manner as on ordinary ballot-papers, except that the names may be either printed or written.

(g) The elector, after receiving the ballot-paper, shall without delay retire alone into an unoccupied compartment of the polling booth, and there in private mark his vote on the ballot-paper in the manner indicated thereon, and shall then fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper so fastened to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.

(h) The Returning Officer shall then in the presence of the elector forthwith enclose the ballot paper in the envelope bearing the declaration of the elector and securely fasten the envelope.

(II.) A Divisional Returning Officer, or an Assistant Returning Officer if so authorized by the Divisional Returning Officer, may, by writing under his hand, delegate to an Assistant Presiding Officer any power, function, or duty, which is exercisable by him in pursuance of this Regulation, in which event the Assistant Presiding Officer shall for all the purposes of the delegation be deemed to be the Returning Officer, and may initial ballot-papers and, when attesting the declarations of electors, sign as Returning Officer: Provided that if in case of an emergency on polling day it becomes necessary in order to meet public convenience for an Assistant Returning Officer who from any cause has not received authority from the Divisional Returning Officer to delegate his functions under this Regulation, he may do so subject to his action being afterwards ratified by the Divisional Returning Officer, but in every such case the Assistant Returning Officer shall immediately report the facts to the Divisional Returning Officer.

Form of Absent Voter’s Ballot-paper for a Senate Election.

Sec. 139 (2) (a).

23. The absent voter’s ballot-paper for a Senate Election shall be in accordance with the following form:—

[Front of Form].

Commonwealth of Australia.

State of—

The Commonwealth Electoral Act 1902–1909.

Election of                              Senators.

Directions.—The elector should mark 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.


 

ABSENT VOTER’S BALLOT-PAPER.

Candidates.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Note—It is the duty of the Returning Officer before issuing this ballot-paper to an elector to see that the names of the whole of the candidates nominated for election to the Senate are printed or written opposite the squares provided on the ballot-paper.

…………………………………………………………………………………………………………………….

[Back of Form.]

* Fasten Here

Regulation 23.

Commonwealth of Australia.

 

Returning Officer's Initials stampState of

 

The Commonwealth Electoral Act 1902–1909.

 

Election of               senators.

 

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.

*Fasten Here.

Instructions:—

The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.

The Returning Officer shall then in the presence of the elector forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.

(fold in.)

C.2104.

B


Form of Absent Voter’s Ballot-Paper for a House of Representatives Election.

Sec. 139 (2) (a).

23a. The absent voter’s ballot-paper for a House of Representatives Election shall be in accordance with the following form:—

[Front of Form.]

Commonwealth of Australia.

State of—

The Commonwealth Electoral Act 1902–1909.

Electoral Division of—

Election of ONE Member of the House of Representatives.

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

ABSENT VOTER’S BALLOT-PAPER.]

Candidates.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Note.—It is the duty of the Returning Officer, before issuing this ballot-paper to an elector, to see that the names of the whole of the candidates nominated for election to the House of Representatives for the Division for which the Elector claims to vote are printed or written opposite the squares provided on the ballot-paper.

………………………………………………………………………………………………………….

[Back of Form.]

*Fasten Here

Regulation 23a.

The Commonwealth Electoral act 1902–1909.

 

Returning Officer's Initials stampState of—

 

Electoral Division of—

 

ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES.

ABSENT VOTER’S BALLOT-PAPER.

To be used by 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 Divisional Returning Officer or an Assistant Returning Officer.

*Fasten Here

Instructions:—

The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper so fastened to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.

The Returning Officer shall then in the presence of the elector forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.

(Fold in.)


Forwarding of Absent Voters’ Ballot-papers.

Sec. 189 (2) (b).

24. (I.) Every envelope containing an absent voter’s ballot-paper shall be promptly forwarded to the Returning Officer for the Division for which the voter declares that he is enrolled.

(II.) Immediately after the close of the poll the Divisional Returning Officer or Assistant Returning Officer shall, by telegraph or other expeditious means, send to each Divisional Returning Officer to whom he has forwarded any envelopes containing absent voters’ ballot-papers advice of the number of envelopes so forwarded.

Scrutiny of Absent Voters’ Ballot-papers.

Sec 189 (2) (c).

25. (I.) The Divisional Returning Officer for the Division for which the voter declares that he is enrolled shall examine the declaration on the envelope containing the absent voter’s ballot-paper, and if it appears to him that the person whose name is signed to the declaration is enrolled for the Division, and that the declaration is duly attested, he shall accept the ballot-paper for further scrutiny, but otherwise he shall reject the ballot-paper without opening the envelope. If he accepts the ballot-paper for further scrutiny he shall open the envelope without destroying the declaration and extract the ballot-paper and without unfolding it place the ballot-paper in the ballot-box.

(II.) When all the absent voters’ ballot-papers received have been dealt with as prescribed in paragraph (I.) of this Regulation, the ballot-box containing accepted ballot-papers shall be well shaken and the ballot-papers may then be taken out and the scrutiny of them proceeded with: Provided that in cases where a large number of absent voters’ ballot-papers have to be dealt with the procedure prescribed in this paragraph may be taken from time to time when the ballot-box contains one hundred ballot-papers for each election or referendum, but so that the Divisional Returning Officer shall keep enough ballot-papers in the ballot-box uncounted so as to secure as nearly is practicable that all ballot-papers when counted shall be taken from a number not being less than one hundred for each election or referendum.

(III.) At the scrutiny the Divisional 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.

(IV.) An absent voter’s ballot-paper shall be informal if—

(a) in elections for the Senate or House of Representatives it is not authenticated by the initials of the Returning Officer in accordance with these Regulations, or by an official mark as prescribed under the provisions of section 158 (a) of the Act; or

(b) in elections for the Senate, 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; or

(c) in elections for the House of Representatives, 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; or

(d) in elections for the Senate or House of Representatives it has upon it any mark or writing not authorized by these Regulations to be put upon it which in the opinion of the Returning Officer will enable any person to identify the voter.

Note.—By section 21 of the Referendum (Constitution Alteration) Act 1906–1909 it is provided that a referendum ballot-paper shall be informal if—

(a) it is not authenticated by the initials of the presiding officer (or, in the case of a postal ballot-paper, of the Returning Officer), or by an official mark as prescribed; or (b) it has no vote indicated on it; or

(c) it has more than one vote indicated on it; or

(d) it has upon it some mark or writing not authorized by this Act to be put on it which would, in the opinion of the Divisional Returning Officer or Assistant Returning Officer, enable any person to identify the voter.


 

(V.) The decision of the Divisional Returning Officer as to the allowance or admission or disallowance or rejection of any absent voter’s ballot-paper for the Senate or House of Representatives under this Regulation may be reviewed subject to the provisions of section 161a and section 164a respectively of the Act, but otherwise shall only be subject to review by the Court of Disputed Returns.

(VI.) Each Divisional Returning Officer shall seal up in separate parcels—

(a) all envelopes from which absent voters’ ballot-papers have been taken;

(b) all unopened envelopes containing absent voters’ ballot-papers;

(c) all absent voters’ ballot-papers for each election or referendum allowed or admitted as formal; and

(d) all absent voters’ ballot-papers for each election or referendum disallowed or rejected as informal;

and shall preserve the parcels and their contents until authorized by the Commonwealth Electoral Officer for the State to destroy them. The sealed parcels shall only be opened for the purposes of an authorized recount or by direction of the Court of Disputed Returns or the Commonwealth Electoral Officer for the State.

Arrangements in connexion with the Scrutiny.

Sec. 155.

26. (i.) 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.

(ii.) 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.

(iii.) 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 it shall be reserved.

(iv.) 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, and “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 for the State has been obtained for their destruction.

Recount of Ballot-papers.

Secs. 161a and 164a.

28. (i.) 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.


 

(ii.) 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.

(iii.) 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.

(iv.) 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.

Sec. 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.

 

PART II.—REFERENDUM REGULATIONS.

Form of Postal Ballot-paper.

30. The postal ballot-paper for a Referendum shall be in accordance with the following form:—

[Front of Form.]

Commonwealth of Australia.

State of [here insert name of State].

The Referendum (Constitution Alteration) Act 1906–1909.

Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [here set out the title of the proposed law].

POSTAL BALLOT-PAPER.

Question:—Do you approve of the proposed law for the alteration of the Constitution, entitled [here set out the title of the proposed law]?

       YES.

       NO.

Note.—The elector must not mark his vote on this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.

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

[Back of Form.]

*Fasten here.

Regulation 30.

Returning Officer's Initials stampCommonwealth of Australia.

 

State of

 

The Referendum (Constitution Alternation) Act 1906–1909.

 

Submission to the Electors of a proposed Law for the Alteration of the Constitution, entitled

[here set out the title of the proposed law].

POSTAL BALLOT-PAPER.

*Fasten here.


 

Directions to Elector.

(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.

(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper as follows:—

If he APPROVES of the proposed law he should make a cross in the square opposite the word “YES.”

If he DOES NOT APPROVE of the proposed law he should make a cross in the square opposite the word “NO.”

(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen.

(d) The elector shall then, in the presence of the authorized witness, sign his name in his own handwriting on the postal vote certificate, in the place provided for the signature of the voter.

(e) The authorized witness shall then sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness, and the date.

(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer which must then be fastened and taken charge of by the authorized witness for posting.

Directions to Authorized Witness.

The authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.

Every authorized witness shall—

(a) comply with the preceding directions in so far as they are to be complied with on his part;

(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;

(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and

(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.

Penalty: One hundred pounds or Three months’ imprisonment.

Duty of Persons present when an Elector votes by Post.

Any person present when an eleotor is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;

(b) refrain from making any communication whatever to the elector in relation to his vote;

(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and

(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds or Three months’ imprisonment.

[Fold in.]


Form of Absent Voter’s Ballot-paper.

31. The ballot-paper to be used in connexion with the Regulations under section 139 (2) of the Commonwealth Electoral Act 1902–1909 in relation to a referendum shall be in accordance with the following form:—

[Front of Form.]

Commonwealth of Australia.

State of [here insert name of State]

The Referendum (Constitution Alteration) Act 1906–1909.

Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [here set out the title of the proposed law]:

Directions.

The voter should indicate his vote on this ballot-paper as follows:

If he APPROVES of the proposed law he should make a cross in the square opposite the word “YES.”

If he DOES NOT APPROVE of the proposed law he should make a cross in the square opposite the word “NO.”

ABSENT VOTER’S BALLOT-PAPER.

Question:—Do you approve of the proposed law for the alteration of the Constitution entitled [here set out the tide of the proposed law]

       YES.

       NO.

Note.—The elector should read the instructions on the hack of the ballot-paper before marking his vote.

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

[Back of Form.]

*Fasten here.

Regulation 31.

Commonwealth of Australia.

Returning Officer's Initials stampState of—

The referendum (Constitution Alteration) Act 1906–1909.

Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [here set out the title of the proposed law]—

 

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.

*Fasten here.

Instructions:—

The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling-booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.

The Returning Officer shall then, in the presence of the elector, forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.

(Fold in.)

Referendum in Divisions where no Electoral Poll is Taken.

32. Where the day fixed for the taking of the votes of the electors for the purposes of a referendum is the same as that fixed for the polling at a general election for the House of Representatives, but in any Division no poll is taken for the purposes of the election, then for the purposes of the referendum—

(a) the forms in these Regulations may be modified so far as is necessary to enable them to apply as regards that Division to the referendum only, and

(b) any forms under these Regulations shall as regards that Division be deemed to refer to the referendum only.


Custody of certain Papers.

33. Where any application, certificate, declaration, or form has effect in relation to a referendum and also in relation to an election, it may be retained in the custody of the officer in whose custody it would have been retained had it related solely to the election.

Custody of Ballot-papers.

34. All ballot-papers used for voting at a referendum shall be preserved in the custody of the Commonwealth Electoral Officer for the State in which they were counted until the Commonwealth Electoral Officer is authorized to destroy them.

Destruction of Ballot-papers.

35. When a referendum can be no longer questioned, the Chief Electoral Officer for the Commonwealth may, by writing, authorize the destruction of the ballot-papers used for voting at the referendum.

Method of Destruction.

36. The Commonwealth Electoral Officer for the State shall, on receipt of the authority for the destruction of the ballot-papers, destroy them by fire in the presence of a witness, and shall, in writing, inform the Chief Electoral Officer of their destruction.

Repeal.

37. These Regulations supersede the Regulations under the Referendum (Constitution Alteration) Act 1906 (Statutory Rules 1907, No. 97).

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.