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SR 1930 No. 82 Regulations as made
Principal Regulations
Gazetted 24 Jul 1930
Date of repeal 27 Oct 1983
Repealed by Joint Electoral (Commonwealth and New South Wales) Regulations (Repeal)

STATUTORY RULES.

1930. No. 82.

 

REGULATIONS RELATING TO JOINT ELECTORAL ROLLS IN THE STATE OF NEW SOUTH WALES.

WHEREAS pursuant to the Commonwealth Electoral Act 1918-1929 and the Parliamentary Electorates and Elections Act, 1912-1928 of the State of New South Wales, the Governor-General of the Commonwealth of Australia has entered into an arrangement with the Governor of the said State for the preparation, alteration, and revision jointly of Commonwealth Electoral Rolls and State Legislative Assembly Electoral Rolls in the said State:

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

Now, therefore, I, the Governor-General, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commonwealth Electoral Act 1918-1929 to the intent that they shall have force in relation to the joint Rolls to be prepared and kept in the State of New South Wales in pursuance of the said recited arrangement:

And I, the Governor of the State of New South Wales, acting with the advice of the State Executive Council, do hereby make the following Regulations under the Parliamentary Electorates and Elections Act, 1912-1928 of the said State to the intent that they shall have full force in relation to the joint Rolls to be prepared and kept in the State of New South Wales in pursuance of the said recited arrangement.

Dated the 21st day of May, One thousand nine hundred and thirty.

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Governor-General.

By Command of His Excellency the Governor-General—

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Minister of State for Home Affairs.

Dated the 12th day of May, One thousand nine hundred and thirty.

Dated the 30th day of May, One thousand nine hundred and thirty.

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Governor of the State of New South Wales.

By Command of His Excellency the Governor

of New South Wales—

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Chief Secretary.

Dated the 30th day of May, One thousand nine hundred and thirty.

JOINT ELECTORAL (COMMONWEALTH AND NEW SOUTH WALES) REGULATIONS.

Part I.—Preliminary.

Short title and commencement.

1. These Regulations may be cited as the Joint Electoral (Commonwealth and New South Wales) Regulations, and shall come into operation on and from the second day of June, 1930.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Electoral—

Division 1.—Enrolment.

Division 2.—Objections.

Division 3.—Miscellaneous.

Definitions.

3. In these Regulations, unless the contrary intention appear:—

The Assembly means the Legislative Assembly of the State;

“The Chief Electoral Officer means the Chief Electoral Officer for the Commonwealth appointed pursuant to the Commonwealth Electoral Act:

The Commonwealth Electoral Act means the Commonwealth Electoral Act 1918, as amended from time to time.

The Commonwealth Electoral Officer means the Commonwealth Electoral Officer for the State appointed pursuant to the Commonwealth Electoral Act;

Division means an Electoral Division for the election of a Member of the House of Representatives of the Parliament of the Commonwealth;

The Divisional Returning Officer means the Commonwealth Divisional Returning Officer for the Commonwealth Electoral Division in relation to which the expression is used;

The Electoral Commissioner means the Electoral Commissioner for the State appointed pursuant to the Parliamentary Electorates and Elections Act;

Electoral district means a district for the election of a member to serve in the Assembly;

The Justices Act means the Justices Act 1902, as amended from time to time, of the State;

The Parliamentary Electorates and Elections Act means the Parliamentary Electorates and Elections Act 1912, of the State, and if that Act is amended, includes the Act as so amended.

The Registrar means the Electoral Registrar for the Commonwealth Subdivision and the State Assembly Subdivision in relation to which the expression is used;

State means the State of New South Wales;

Subdivision means a subdivision of a Division or of an Electoral District; and

any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Application of these Regulations.

4. These Regulations shall apply in relation to joint Rolls in the State of New South Wales.

Application of other Commonwealth and State Electoral and Referendum Regulations.

5. The Electoral and Referendum Regulations made under the Commonwealth Electoral Act and the Regulations made under the provisions of the Parliamentary Electorates and Elections Act shall not apply in relation to the joint Rolls in respect of matters for which provision is made by these Regulations but shall, to the extent to which they are applicable, apply in respect of other matters.


 

Part II.—Electoral.

Division 1.Enrolment.

Form of Joint Roll.

6. (1.) The Roll to be used jointly for Commonwealth elections and also State elections for the Assembly may be in accordance with Form 1, and shall contain the particulars indicated therein.

(2.) The Supplemental Roll shall contain similar particulars to those contained in the Roll; and shall have a number prefixed to each name beginning at the first name with the number next in arithmetical progression after the last number on the Roll last printed and continuing in like progression to the last name on the Supplemental Roll.

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

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

(5.) Copies of the latest print of the roll for a Subdivision and of any Supplemental Roll for such Subdivision shall be open for public inspection without fee at the following places, viz.:—

(a) The office of the Commonwealth Electoral Officer, and

(b) Post offices within the Subdivision.

Sale of electoral rolls.

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

 

s.

d.

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

2

0

Principal Roll for an Electoral District...............................................

1

0

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

0

6

Supplemental Roll for a Division or an Electoral District..................

0

6

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

0

3

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

Form of electoral claim.

8. (1.) The form of claim for enrolment, or transfer of enrolment, or notification of change of address within the same subdivision, may be in accordance with Form 2, and shall be valid for the Commonwealth notwithstanding that it contains a claim for enrolment, or transfer of enrolment, or change of address for both the Commonwealth and the Assembly, and the form of claim for enrolment, or transfer of enrolment, or change of address, shall be valid for the Assembly, notwithstanding that it contains a claim for enrolment, or transfer of enrolment, or change of address for both the Assembly and the Commonwealth.

(2.) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2, or in such other form, signed by the applicant, as the Registrar approves.

(3.) A claim for enrolment or transfer of enrolment shall be signed by the claimant with his personal signature, and attested by a person who shall sign his name as witness in his own handwriting.

(4) Every such witness shall be an elector of the Commonwealth, or of the Assembly, or a person qualified to be such an elector.


 

Registration of claim.

9. (1.) Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within a Subdivision, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and if the claim, notification or application is in order and he is satisfied that the claimant is entitled to be enrolled, or to have his name transferred, or the particulars of his enrolment altered or corrected, the Registrar shall forthwith—

(i) enter on the Subdivision Roll the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires, and where the claimant is enrolled as a Commonwealth elector only, or as an Assembly elector only, place the appropriate prescribed distinguishing mark opposite the name of the claimant; and

(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant, in accordance with Form 3, that he has been enrolled; and

(iii) in the case of a transfer of enrolment, give notice of the transfer to the Registrar keeping the Subdivision Roll from which the electors name has been transferred.

(2.) An interim acknowledgment of the receipt, after the issue of the writ for a Commonwealth election, and before the close of the polling at the election, of a claim for enrolment or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.

(3.) An interim acknowledgment of the receipt, after the issue of a Writ for a State Assembly election, and before the close of the polling at the election, of a claim for enrolment or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Electoral Commissioner.

Notification of transfer of enrolment.

10. The notification to the Registrar of the transfer of the enrolment of an elector, or the enrolments of electors, may be in accordance with Form 4.

Reference of claim to Divisional Returning Officer.

11. (1.) The reference of an electoral claim to the Divisional Returning Officer for his decision pursuant to sub-section (1.) of section 44 of the Commonwealth Electoral Act and sub-section (1.) of section 36 of the Parliamentary Electorates and Elections Act may be made in the form authorized by the Chief Electoral Officer and the Electoral Commissioner.

(2.) The notification to the claimant of such reference may be in accordance with Form 5.

Notification of rejection of claim.

12. (1.) The notification by the Divisional Returning Officer to the Registrar of the rejection of an electoral claim may be in the form authorized by the Chief Electoral Officer and the Electoral Commissioner.

(2.) The notification to the claimant of the rejection of an electoral claim may be in accordance with Form 6.

Formally defective claim.

13. The Registrar, upon receipt of an electoral claim which is not in order by reason of some formal defect only, may send to the claimant a notification in accordance with Form 7 indicating the nature of the defect, and, as the case requires—

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

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

Certificate authorizing removal of name.

14. The certificate of the Commonwealth Electoral Officer and the Electoral Commissioner authorizing the removal of the name of an elector, or the names of electors, from a roll, and the direction of the Divisional Returning Officer thereon, may be in accordance with Form 8.


 

Notification of removal of name from roll.

15. Where a name is removed from a Roll by direction of the Divisional Returning Officer upon the certificate of the Commonwealth Electoral Officer and the Electoral Commissioner, pursuant to paragraph (h) of sub-section (1.) of section 47 of the Commonwealth Electoral Act, and paragraph (i) of sub-section (1.) of section 39 of the Parliamentary Electorates and Elections Act, the Registrar shall send to the elector whose name is so removed a notification in accordance with Form 9.

Change of electors from one Roll to another.

16. (1.) The change of electors from one Roll to another, in accordance with section 28 of the Commonwealth Electoral Act and section 24 of the Parliamentary Electorates and Elections Act, shall be effected, where necessary, 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.) In the following cases notice of the change shall be given by notice in the Commonwealth Gazette, and the New South Wales Government Gazette and in some newspaper circulating in the part affected—

(a) When a Subdivision is abolished and all electors whose names are on the roll for that Subdivision are changed to another Subdivision Roll; or

(b) When by reason of the alteration of the boundaries of a Commonwealth Division or State Electoral District, any Subdivision is changed from one Commonwealth Division or State Electoral District to another Commonwealth Division or State Electoral District, and all the names of electors which are on the Subdivision Roll for the first-mentioned Commonwealth Division or State Electoral District are changed to a Subdivision Roll for the last-mentioned Commonwealth Division or State Electoral District; or

(c) When in consequence of a proclamation for the preparation of new Rolls or action thereunder (other than action by an elector) the enrolment of any electors is changed to a Subdivision or Commonwealth Division or State Electoral District which differs in name from the Subdivision or Commonwealth Division or State Electoral District for which they were enrolled prior to the proclamation, and in the opinion of the officers charged with the preparation of the new Rolls, a reasonably effective notice, generally applicable to all electors in a Subdivision whose enrolments have been changed can be so given.

(3.) In any case to which the last preceding sub-regulation does not apply, notice of the change shall be sent by post to each elector concerned, and may be in accordance with Form 10.

 

*          *          *          *          *          *          *

Division 2.—Objections.

Notice of objection.

26. (.1) The notice of objection lodged by an elector or officer (not being a Registrar) in respect of a name on a Roll as that of an elector of the Commonwealth and the Assembly, or either, may be in accordance with Form 15.

(2.) The notice of objection lodged by a Registrar in respect of a name on a Roll as that of an elector of the Commonwealth and the Assembly, or either, and the direction of the Divisional Returning Officer, may be in accordance with Form 16.

Notice to person objected to on the ground of non-residence.

27. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to as that of an elector of the Commonwealth and the Assembly, or either, upon the ground of non-residence, may be in accordance with Form 17.

Notice to person objected to on ground other than non-residence.

28. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to as that of an elector of the Commonwealth and the Assembly, or either, on a ground other than non-residence, may be in accordance with Form 18.


 

Manner of answering objection.

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

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

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

Inquiry into objection.

30. Before determining an objection, the Divisional Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.

Notice of determination of objection.

31. (1.) Upon determining an objection, the Divisional Returning Officer shall send notice of his decision, in accordance with Form 19, to the objector if the objector is not a Registrar, and to the person objected to if the person objected to has answered the objection within the prescribed period.

(2.) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 16, and such notice may contain a direction for the removal of an electors name from the Roll when an objection has been sustained.

Division 3.—Miscellaneous.

Electoral appeals.

32. (1.) The manner in which a person may apply to a Court under section 58 of the Commonwealth Electoral Act and section 48 of the Parliamentary Electorates and Elections Act shall be by making a complaint to a Justice in accordance with the procedure set out in the Justices Act.

(2.) Such complaint shall be made within one calendar month after receipt of the notice of the rejection of the claim or a notice of the determination of the objection.

(3.) Notice of an application having reference to the decision of a Divisional Returning Officer upon an objection shall be served by serving the summons in the manner provided by section 63 of the Justices Act.

(4.) All such applications shall be heard in the Court held nearest to the office of the Divisional Returning Officer whose decision is in question.

(5.) The person to be named as defendant in the complaint and summons should—

(a) in cases referring to a claim for enrolment or transfer of enrolment, be the Divisional Returning Officer whose decision is complained of; and

(b) in cases referring to the determination of an objection by the Divisional Returning Officer, be the objector or the person objected to (as the case may be).

(6.) The Divisional 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 claim for enrolment or transfer of enrolment, or the objection, as the case requires, but if he does not desire to appear 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 any such statement shall be considered by the Court at the hearing,

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


 

Strict compliance with forms in the Schedule not required.

33. Strict compliance with the forms in the Schedule shall not be required, and substantial compliance shall suffice for the purposes of these Regulations.

 

THE SCHEDULE.

————

Regulation 6.

Form 1.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

Electoral Roll.

Commonwealth Division of [here insert name of Division].

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

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

No., Names in Full (i.e., Surname, Christian or other names), Place of Living, Occupation, and Sex of each Elector.

(To be arranged in alphabetical order of surnames, and where the surnames are identical then in alphabetical order of the Christian or other names.)

[Here follow names, &c]

Footnotes.

* Not enrolled on this Roll as an Assembly Elector.

o Not enrolled on this Roll as a Commonwealth Elector.

M signifies Male.                                           F signifies Female.


 

Form 2.

Regulation 8 (1).

[Front of Form.]

COMMONWEALTH OF AUSTRALIA AND

STATE OF NEW SOUTH WALES.

Electoral Claim. Form 2.

 

Particulars for Enrolment.

Surname..........................................

Christian Names...................................................................................................................

(in full)

Place of Living....................................................................................................................

(Give full address)

Occupation...................................................

Sex..............................................................

The following particulars relating to claimant will not appear on the Roll, but must be stated on this card.

Date and Year                                      Place of                                                           Former

of Birth................................................. Birth................................................... Surname*

* See instruction (f) on other side.

To the Electoral Registrar for the Subdivision of

Commonwealth Division of................................................................................and State Electoral

District of.....................................................

1.—I am an inhabitant of Australia. 2.—I have lived in Australia for six months continuously, and in New South Wales for at least three months. 3.—I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am not disqualified for enrolment as a Commonwealth and a State Assembly † elector.

† See Instruction (b) on other side.

4.—I now live and have lived in the above-named Subdivision for a period of not less than one month immediately preceding the date of this Claim.

5.—My name is at present enrolled for the.................................................Subdivision in the State of...............................................in respect of the following address in that Subdivision, namely:—.......................................................................................................................................

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

6.—I hereby claim enrolment as an elector of the Commonwealth and of the State Assembly, or either, as the case requires, to which I am entitled pursuant to this Claim.

I declare that the whole of the statements made in this Claim are true to the best of my knowledge and belief.

Personal Signature

of Claimant

..................................Date.............../................./19.....................

I, the undersigned, am an elector or a person qualified to be an elector of the Commonwealth or the State Assembly, and I certify that I have seen the above-named claimant sign the above claim, and that I either know the statements contained in the claim to be true or have satisfied myself by inquiry of the claimant or otherwise that the said statements are true. (Penalty on witness for failure to fully comply with this requirement—£50.)

Personal Signature of Witness (in own handwriting)................................................................................

Occupation...................................................Place of Living.....................................................................

Before filling in, or witnessing this claim, carefully read instructions on other side.

 


 

[Back of Form.]

Form to be used in respect of both the Commonwealth and the State Assembly, or either, by a qualified person (a) when claiming enrolment or transfer of enrolment, or (b) when notifying a change of address within the same subdivision or applying for the correction of any particulars of an existing enrolment.

 

NOTE.—The claimant should see that he receives an acknowledgment of this claim in due course.

INSTRUCTIONS TO BE OBSERVED WHEN FILLING IN PARTICULARS ON THE OTHER SIDE OF THIS CLAIM.

(a) PLACE OF LIVING.—Full address, including name and street number (if an), of habitation must be inserted.

(b) IF CLAIMANT has not lived in New South Wales for at least three months continuously he must strike out the words in italics in paragraphs 2 and 3.

(c) IF CLAIMANT is an aboriginal native of Australia, Asia, Africa, or the islands of the Pacific (except New Zealand), and is qualified for State enrolment, but is disqualified for Commonwealth enrolment, he must strike out the words Commonwealth and a in paragraph 3.

(d) PARAGRAPH 5 should be struck out if claimant is NOT already enrolled.

(e) PERSONAL SIGNATURE OF CLAIMANT.—The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

(f) FORMER SURNAME is to be filled in ONLY in the case of a married woman who has changed her name by marriage since her last enrolment.

–––––––––––

INSTRUCTIONS TO PERSON WITNESSING ELECTORAL CLAIM.

(i) The person witnessing an electoral claim must be an elector, or a person qualified to be an elector, of the Commonwealth or the State Assembly.

(ii) A person shall not sign his name as witness—

(a) on any blank electoral claim; or

(b) on any electoral claim which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or (c) on any electoral claim unless he has seen the person, whose signature he purports to witness, sign it.

(iii) A person shall not write on any electoral claim as his own name (a) the name or another person; or (b) any name not being his own name.

This space to be filled in by Electoral Registrar—

Recd. (date)............................................

Ackd. (date)................................................

Regd. (date)............................................

Initials..........................................................

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

 


 

Form 3.

[Front of Form.]

Regulation 9 (1).

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Acknowledgment of Receipt of Electoral Claim.

To the elector whose name appears on the back hereof.

Your electoral claim (a) / communication (a) dated..................................has been received and, (a) pursuant thereto, your enrolment for the......................................Subdivision of the Commonwealth Division (b) of.......................................................and State Electoral District (c) of ......................has been effected or adjusted

[as required ]

Points for elector to remember—

1. You should bear in mind the name of the Subdivision, Commonwealth Division and State Electoral District for which you are enrolled and retain this acknowledgment as evidence of your enrolment.

2. Voting at Elections and Referendums is compulsory.

3. If you change your place of living from the address in the Subdivision for which you are enrolled to another address in the same Subdivision you should, within 21 days after making such change, notify the Electoral Registrar for the Subdivision of your new address, in the prescribed form.*

4. If you change your place of living to any other Subdivision you should, after you have lived in that Subdivision for a period of one month, send or deliver to the Electoral Registrar for the Subdivision a claim for transfer of enrolment, in the prescribed form,* within 21 days after the expiration of that period.

Failure to comply with paragraphs 2, 3, or 4 above will render you liable to a penalty.

* Obtainable at any Post Office.

Electoral Registrar for the above-named Subdivision.

Date—                                                             Address—

Note to Elector.—An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living for the purposes of transfer of enrolment or change of address on the Roll.

Directions to Registrar.—(a) The Registrar will strike out the words electoral claim or the word communication as the case requires.

(b) If the electors enrolment relates to the State Assembly only, the Registrar will strike out the words Commonwealth Division of.........................................................and;

(c) If the electors enrolment relates to the Commonwealth only, the Registrar will strike out the words and State Electoral District of............................................................


 

[Back of Form.]

O.H.M.S.

Commonwealth Electoral

Paper Only.                                                                                                        Post Free.

To

M...........................................................................................................................................

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

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

 

Regulation 10.

FORM 4.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notification of Transfer of Enrolment.

To the Electoral Registrar for the Subdivision of—

Commonwealth Division of—                         State Electoral District of—

You are requested to remove from the Roll for the above-mentioned Subdivision the name of each elector set out in Column 1 herein, on the ground that the elector has now been enrolled by me as an elector for the Commonwealth and State Assembly, in pursuance of a claim for transfer of enrolment, for the Subdivision specified in Column 3 opposite the electors name.

(1)

Particulars appearing in claim for transfer received by me.

(2) Address of Elector in Subdivision Roll kept by you as set out in Paragraph 5 of claim for transfer received by me.

(3) Subdivision for which Elector has now been enrolled.

(4)

(To be filled in by Registrar to whom notification addressed.)

Surname.

Christian Names (in full).

Occupation.

Sex.

Name removed (date).

Electors Number on Roll (if name in print) or Date of Enrolment (if name in manuscript).

Remarks

 

 

 

 

 

 

 

 

 

 

Electoral Registrar for the Subdivision (or Subdivisions) specified in Column 3.

Received (date)—

Commonwealth Division of—

Acted upon and forwarded to Divisional Returning Officer (date)—

State Electoral District of—

 

Dated the                     day of                          19        .

Signature of Registrar—

NOTES.(1) If the elector is enrolled for the Commonwealth only, strike out the references to State Electoral District. If the elector is enrolled for the State Assembly only, strike out the references to Commonwealth Division.

(2) Where notifications of transfer of enrolment in this form are required to be sent to another Registrar relating to electors, some of whom are enrolled as Commonwealth electors and State electors, and others as Commonwealth electors only, or State electors only, separate forms of notification, each dealing with one description of elector only, should be used.


 

Regulation 11 (2).

FORM 5.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Commonwealth Division of—                                     State Electoral District of—

Notification to Claimant of Reference of Electoral Claim.

To—

As I am not satisfied that you are entitled to be enrolled for the Subdivision of the—

(a) Commonwealth Division of—

(b) State Electoral District of—

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

in pursuance of your claim dated the                           , I am referring the claim to the Divisional Returning Officer for his decision.

Upon receipt of the Divisional Returning Officers decision you will be duly notified in accordance therewith.

Electoral Registrar for the Subdivision of—

Address—

Dated the                          day of                          19        .

 

Regulation 12 (2).

Form 6.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notification to Claimant of Rejection of Electoral Claim.

To—

You are hereby notified that your claim to be enrolled on the Electoral Roll for the                                                                    Subdivision of the—

(a) Commonwealth Division of—

(b) State Electoral District of—

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

has been rejected by the Divisional Returning Officer on the ground that [here specify reason for rejection].

You are entitled, at any time within one calendar month after the receipt of this notification, to appeal to a court of summary jurisdiction for an order directing that your name be enrolled on the Roll.

Electoral Registrar for the Subdivision of—

Address—

Dated the                          day of                          19        .

 

Regulation 13.

Form 7.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Commonwealth Division of—                         State Electoral District of—

Notification to Claimant of Formal Defect in Electoral Claim.

To—

Your claim to be enrolled on the Electoral Roll for the Subdivision of the above-named Division and District is defective by reason of [here set out nature of defect].

* The claim is forwarded herewith for completion or correction, and return to me without delay.

* Please complete the accompanying fresh form of claim and return it to me without delay.

Electoral Registrar for the Subdivision of—

Address—

Dated the                          day of                          19        .

* The Registrar will strike out whichever of these paragraphs is not applicable to the case.

Regulation 14.

Form. 8.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Consecutive No.

Certificate Authorizing Removal of Names of Electors from Roll.

To the Divisional Returning Officer for the Commonwealth Division of

I certify that each elector named in Column (1) has ceased to be qualified for enrolment on the Roll for the Subdivision specified in Column (2) opposite his name, and has secured enrolment for the Subdivision specified in Column (3) opposite his name.

(1)

Surname, Christian Names, Place of Living, Occupation and Sex.

(2)

Subdivision for which Elector has ceased to be entitled to be enrolled.

(3)

Subdivision, Division, and Electoral District, for which Elector has now been enrolled.

(4)

(To be filled in by Registrar.)

Name removed (date).

Form 9 issued (date).

Electors Number on Roll (if name in print) or Date of Enrolment (if name in manuscript).

Remarks.

 

Subdivision.

Division.

Electoral District.

 

 

 

 

 

 

 

 

 

 

 

Commonwealth Electoral Officer.

Electoral Commissioner for the State.

Date     /           /19       .

To the Electoral Registrar

for the Subdivision or Subdivisions specified

in Column (2) above.

You are directed to remove the name of each of the above-named electors from the Roll on which it appears, as specified in Column (2), and to forthwith notify the elector in Form 9. You will specify in Column (4) the action taken by you, and return this form to me for transmission to the Commonwealth Electoral Officer.

Divisional Returning Officer.

Date     /           /19

Received (date)—

Acted upon and returned to Divisional Returning

Officer (date)—

Signature of Registrar—


 

Regulation 15.

Form 9.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notification to Elector of Removal of Name from Roll.

To—

[The full Christian names and surname to be inserted.]

Occupation

Address—

[as appearing on the Roll for the Subdivision from which the name has been removed.]

Your name has been removed from the Electoral Roll for the                  Subdivision of the Commonwealth Division of                                                      and the State Electoral District of                                 on the ground that you have changed your place of living and have secured enrolment for the                           Subdivision of the Commonwealth Division of                                         and the State Electoral District of

If you desire to make any representation in regard to this matter, your communication may be written in the space provided for the purpose at the foot of this form, and should be sent to the Commonwealth Electoral Officer for the State of New South Wales.

Electoral Registrar

for the Subdivision of

Date     /           /19       .

(Note.—If the notification relates to the Commonwealth Roll only, or to the Assembly Roll only, the form should be varied accordingly.)

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

Reply (if any).

Personal Signature of elector

Present place of living

Witness to Signature

(Being an elector or person qualified to be an elector.)

Occupation

Place of living

Dated the                          day of              19        .


 

Regulation 16.

Form 10.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notification of Change of Enrolment Consequent upon Alteration of Boundaries of Commonwealth Division or State Electoral District or Subdivisions.

To—

You are hereby informed, in accordance with the provisions of Section 28 of the Commonwealth Electoral Act and Section 24 of the Parliamentary Electorates and Elections Act, New South Wales, that your name has been removed from the Roll for the                                     Subdivision of the Commonwealth Division of                                   and State Electoral District of                          and has been placed on the Roll for the                                                                                   Subdivision of the Commonwealth Division of                                   and State Electoral District of

Electoral Registrar for the Subdivision of—

or

Commonwealth Electoral Officer for the State.

Electoral Commissioner,

(as the case requires).

Address—

Dated the                                      day of                                      19        .

 

Regulation 26 (I).

Form 15.

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

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Commonwealth Division of                                         State Electoral District of—

Notice of Objection.

To the Divisional Returning Officer for the Commonwealth Electoral Division of—

1 object to the name of

No. on Roll.

Surname.

Christian Names at full length.

Place of Living as appearing on Roll.

Occupation.

Place of Abode for time being, if known to the objector.

 

 

 

 

 

 

being retained on the Electoral Roll for the                                                                  Subdivision of the Commonwealth Division of                  and the State Electoral District of                     , on the ground that [ here, insert ground of objection].

(Signature) —

(Occupation) —

(Address) —

Dated the                          day of                          19        .

Notes.—(a) The names and boundaries of the Commonwealth and the State Electoral Subdivisions are identical.

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

(c) An objection that an elector does not live in the subdivision in question shall not be good unless it alleges that the person objected to does not live in that subdivision and has not so lived for at least one month last past.

(d) A sum of five shillings must be deposited with the Divisional Returning Officer in respect of each objection lodged by any person other than an officer, to be forfeited if the objection is held by the Divisional Returning Officer to be frivolous.


 

Regulation 26 (2).

Form 16.

[Form to be used by a Registrar when lodging objections to the retention of names on the Subdivision Roll kept by him as those of Electors for the Commonwealth and the State Assembly, or either.]

[Front of Form.]

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notice of Objection.

To the Divisional Returning Officer—

I object to each undermentioned name being retained on the Electoral Roll for the                      Subdivision of the Commonwealth Division of                             and the State Electoral District of                     on the ground [here insert ground of objection].

Registrar for the Subdivision of—

Dated the                          day of                          19        .

 

Person Objected to.

Place of Living as appearing on Roll.

Occupation.

Place of Abode for time being, if known to Registrar.

Registrars Initials.

No. on Roll.

Surname.

Christian Names at full length.

 

 

 

 

 

 

 

Notes.—(a) The names and boundaries of the Commonwealth and the State Electoral Subdivisions are identical.

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

(c) Where notices of objection are required to be made relating to electors, some of whom are enrolled as Commonwealth electors and State electors, and others as Commonwealth electors only, or State electors only, separate forms of notification, each dealing with one description of elector only, should be used.

(d) This form must be prepared in triplicate, one form retained by the Registrar and the other two furnished to the Divisional Returning Officer.

 

[Back of Form.]

Indorsement by Divisional Returning Officer.

(1) Notices of objection posted by Divisional Returning Officer to persons objected to

(2) Date of expiration of period allowed for answers to objections. (See Section 57 of the Commonwealth Electoral Act and Section 47 (1) of the Parliamentary Electorates and Elections Act.

(3) Answers received from—

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

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

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

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


 

Notification to the Registrar for the                                                                                  Subdivision.

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

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

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

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

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

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

Divisional Returning Officer for the Division of—

All necessary action taken in accordance with the above direction.

Registrar for the Subdivision of—

 

Regulation 27.

Form 17.

[Front of Form.]

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notice of Objection to Person Objected to on the Ground of Non-residence.

To the person objected to, whose name and address appear on the back hereof:

Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Electoral Roll for the Subdivision of [here insert name of Subdivision] of the Commonwealth Division of [here insert name of Division] and the State Electoral District of [here insert name of Electoral District], on the ground that you do not live in the Subdivision and have not so lived for at least one month last past.

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 [here insert address of office] between the hours of 9 a.m. and 4.30 p.m. on any day other than Saturday, or between the hours of 9 a.m. and 12 noon on a Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that your place of living is still in the Subdivision, and you do not desire to attend at my office for the purpose of answering this objection orally, you should, with the least delay, but before the expiration of twenty days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address The Commonwealth Divisional Returning Officer for the Division of                                                   shall be visible, and send or deliver the notice to me with reply attached.

If you have ceased to live in the subdivision as alleged you need not reply to this objection.

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.

Divisional Returning Officer for the Division of

Dated the                          day of              19        .

Postal Address—

Note.—If the objection is lodged in respect of Commonwealth enrolment only, the words and the State Electoral District of                                                                                            should be struck out. If the objection is lodged in respect of State Assembly enrolment only, the words the Commonwealth Division of                                           and should be struck out.

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

(To be completed only if the elector claims that his place of living is still in the Subdivision.)

Reply.

1. I am the elector whose enrolment is objected to in this notice.

2. My place of living is still in the Subdivision of [here insert name of Subdivision], for which I retain my qualification for enrolment.

Personal Signature of Elector—

(To be made in presence of witness.)

Address in Subdivision—

Witness to Signature—

(Being an elector or person qualified to be an elector.)

Occupation—

Place of Living—

Dated the                                      day of                          19        .

Text Box: Signature and Address of Sender—
Divisional Returning Officer for the Division of
[Back of Form.]

Commonwealth Electoral                                                                                    Post Free.

Papers Only.

M

[Here insert full Christian names and surname, occupation, and place of abode for the time being, if known to the Divisional Returning Officer, or, if not so known, place of living as appearing, on Roll.]

——

Text Box: Signature and Address of Sender—Commonwealth Electoral                                                                                    Post Free.

Papers Only.

The Commonwealth Divisional Returning Officer

for the Division of

Postal Address


 

Regulation 28.

Form 18.

[Front of Form.]

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

Notice of Objection to Person Objected to on a Ground other than that of Non-Residence.

To the person objected to, whose name and address appear on the back hereof:

Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Electoral Roll for the Subdivision of [here insert name of Subdivision] of the Commonwealth Division of [here insert name of Division] and the State Electoral District of [here insert name of Electoral District] on the following grounds, namely:—[Here insert ground 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 [here insert address of office] between the hours of 9 a.m. and 4.30 p.m. on any day other than a Saturday, or between the hours of 9 a.m. and 12 noon on Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that you are qualified for the enrolment objected to, and do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of twenty days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address The Commonwealth Divisional Returning Officer for the Division of shall be visible, and send or deliver the notice to me with reply attached.

If you are not qualified for the enrolment objected to, you need not reply to this objection.

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.

Divisional Returning Officer for the Division of

Postal Address—

Dated the                          day of                          19        .

Note.If the objection is lodged in respect of Commonwealth enrolment only, the words and the State Electoral District of                                            should be struck out. If the objection is lodged in respect of Assembly enrolment only, the words the Commonwealth Division of               and should be struck out.


 

Reply.

(To be completed only if the elector claims that he is qualified for the enrolment objected to.)

I am the elector whose enrolment is objected to in this notice, and I claim that I am qualified for such enrolment.

My reasons for so claiming are as follows:—

[Here set forth reasons relied upon as an answer to the objection.]

Personal Signature of Elector—

(To be made in presence of witness.)

Address in Subdivision—

Witness to Signature—

(Being an elector or person qualified to be an elector.)

Occupation—

Place of Living—

Dated the                                      day of              19        .

[Back of Form.]

Text Box: Signature and Address of Sender—
Divisional Returning Officer for the Division of
Commonwealth Electoral                                                                                    Post Free.

Papers Only.

M

[Here insert full Christian names and surname, occupation, and place of abode for the time being, if known to the Divisional Returning Officer, or, if not so known, place of living as appearing on Roll.]

——

Text Box: Signature and Address of Sender—Commonwealth Electoral                                                                                 Post Free.

Papers Only.

The Commonwealth Divisional Returning Officer

for the Division of

Postal Address


 

Regulation 31.

Form 19.

COMMONWEALTH OF AUSTRALIA. STATE OF NEW SOUTH WALES.

The Commonwealth Electoral Act. The Parliamentary Electorates and Elections Act.

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 Electoral Roll for the                                Subdivision of the Commonwealth Division of                                   and the State Electoral

District of—                 and have decided—

(a) to remove the said name from the said Electoral Roll as that of an elector of the Commonwealth and the State Assembly;

(b) to dismiss the objection and to retain the said name on the said Electoral Roll.

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

If aggrieved by this decision you may, at any time within one calendar month after the receipt of this notice, appeal against the decision to a court of summary jurisdiction.

Divisional Returning Officer for the Division of—

Dated the                     day of                          19        .

Note.—If the objection is in respect of Commonwealth enrolment only, the words and the State Electoral District of                                 and the words and the State Assembly should be struck out. If the objection is in respect of State Assembly enrolment only, the words Commonwealth Division of                                 and the and the words Commonwealth and the should be struck out.

 

By Authority: H. J. Green, Government Printer, Canberra.