Commonwealth Electoral

No. 48 of 1965

An Act to amend the Commonwealth Electoral Act 1918-1962.

[Assented to 3 June, 1965]

[Date of Commencement, 1 July, 1965]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Electoral Act 1965.

(2.)  The Commonwealth Electoral Act 1918-1962 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral Act 1918-1965.

Commencement.

2.   Each section inserted in the Principal Act by this Act shall commence on the day on which this Act comes into operation.

3.   Sections 19 to 23 (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—

Suggestions relating to distribution.

“18a.—(1.) The Distribution Commissioners shall, by advertisement published in the Gazette—

(a) invite suggestions in writing to be lodged with the Commissioners, within thirty days after the date of advertisement, relating to the distribution of the State into Divisions; and

(b) invite comments in writing to be lodged with the Commissioners, within fourteen days after the expiration of the period referred to in the last preceding paragraph, relating to any suggestions received by the Commissioners in pursuance of that paragraph.

“(2.)  Immediately after the expiration of the period referred to in paragraph (a) of the last preceding sub-section, the Distribution Commissioners shall make available for perusal at the office of the Commonwealth Electoral Officer for the State copies of any suggestions lodged with the Commissioners in pursuance of that paragraph.

“(3.)  The Distribution Commissioners shall consider any suggestions and comments lodged with them in pursuance of sub-section (1.) of this section before carrying out the functions referred to in the next succeeding section.

Matters to be considered in distribution of a State.

“19.—(1.)  In making any proposed distribution of a State into Divisions, the Distribution Commissioners shall so determine the proposed Divisions that each Division contains a number of electors not exceeding, or falling short of, the quota of electors by more than one-fifth of the quota.

“(2.)  For the purposes of the last preceding sub-section, the Distribution Commissioners shall give due consideration, in relation to each proposed Division, to—

(a) community of interests within the Division, including economic, social and regional interests;

(b) means of communication and travel within the Division, with special reference to disabilities arising out of remoteness or distance;

(c) the trend of population changes within the State;

(d) the density or sparsity of population of the Division;

(e) the area of the Division;

(f) the physical features of the Division; and

(g) existing boundaries of Divisions and Subdivisions.

Notice of proposed distribution.

“20.  Before reporting on the distribution of a State into Divisions, the Distribution Commissioners shall—

(a) cause a map with a description of the boundaries of each proposed Division to be exhibited at post-offices in the proposed Division and invite public attention to that map by advertisement in the Gazette; and

(b) make available for perusal at the office of the Commonwealth Electoral Officer for the State copies of any comments lodged with the Commissioners in pursuance of paragraph (b) of sub-section (1.) of section eighteen a of this Act.

Objections, &c.

“21.  Suggestions or objections in writing may be lodged with the Distribution Commissioners not later than thirty days after the advertisement referred to in the last preceding section, and the Commissioners shall consider all suggestions and objections so lodged before making their report.

Attempting to influence Distribution Commissioner.

“22.  Except as provided by section eighteen a of this Act or by the last preceding section, a person shall not, by writing sent to a Distribution Commissioner, or by words spoken to or in the presence of a Distribution Commissioner, seek to influence the Commissioner in the performance of his duties under this Act.

Report of Distribution Commissioners.

“23.  The Distribution Commissioners shall, immediately after the expiration of the period of thirty days referred to in section twenty-one of this Act, forward to the Minister their report upon the distribution of the State into Divisions, the number of electors residing in each proposed Division, as nearly as can be ascertained, a map signed by the Commissioners showing the boundaries of each proposed Division, and copies of the suggestions, comments or objections (if any) lodged with the Commissioners in pursuance of section eighteen a or twenty-one of this Act.

Report, &c., to be laid before Parliament.

“23a. A copy of the report and map, and of the suggestions, comments or objections (if any), shall be laid before each House of the Parliament within five sitting days of that House after the receipt of the report by the Minister.”.

Compulsory enrolment and transfer.

4.   Section 42 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (4.) the words “Ten shillings” and inserting in their stead the words “not less than Ten shillings and not more than Two pounds”; and

(b) by omitting from paragraph (b) of sub-section (4.) the words “not less than Ten shillings and not more than Two pounds” and inserting in their stead the words “not less than Two pounds and not more than Five pounds”.

Grouping of candidates.

5.   Section 72a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “Candidates” and inserting in its stead the words “Subject to this section, candidates”; and

(b) by adding at the end thereof the following sub-section:—

“(6.) This section does not apply to an election to fill one casual vacancy in the Senate that is held at a general election of members of the House of Representatives.”.

Requisites for nomination.

6.   Section 73 of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) at the time of the delivery of the nomination paper the person nominated or some person on his behalf deposits with the Commonwealth Electoral Officer or Divisional Returning Officer, as the case requires, the sum of—

(i) in the case of a person nominated as a Senator—One hundred pounds; or

(ii) in the case of a person nominated as a Member of the House of Representatives—Fifty pounds,

in legal tender or in a banker’s cheque.”.

Proceedings on nomination day.

7.   Section 82 of the Principal Act is amended by inserting in sub-section (1.), after the words “shall declare the”, the words “candidate or”.

Returning officer to notify issue of postal vote certificate and postal ballot-papers.

8.   Section 91 of the Principal Act is amended by inserting in sub-section (3.), after the words “postal vote certificate” (first occurring), the words “and postal ballot-paper”.

Authorized witnessed.

9.   Section 91b of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.)  Subject to this section, an elector whose name appears on the Roll for a State, for the Australian Capital Territory or for the Northern Territory of Australia is an authorized witness for the purposes of this Act.

“(1a.) Where a vote is recorded outside Australia, the following persons are also authorized witnesses for the purposes of this Act:—

(a) an officer of the naval, military or air forces of the Commonwealth or of some other part of the Queen’s dominions;

(b) a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions; and

(c) a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.”.

Directions for postal voting.

10.  Section 92 of the Principal Act is amended by omitting from sub-section (2.) the word “seven” and inserting in its stead the word “ten”.

Preliminary scrutiny of postal ballot-papers.

11.  Section 96 of the Principal Act is amended by omitting the word “seven” and inserting in its stead the word “ten”.

12.  Section 104 of the Principal Act is repealed and the following section inserted in its stead:—

Senate ballot-papers.

“104.—(1.) Ballot-papers to be used in a Senate election, other than an election referred to in the next succeeding sub-section, may be in the Form E in the Schedule to this Act.

“(2.)  Ballot-papers to be used in an election to fill one casual vacancy in the Senate that is held at a general election of Members of the House of Representatives may, subject to section one hundred and five b of this Act, be in the Form F in the Schedule to this Act with such alterations as are necessary.”.

Printing of Senate ballot-papers.

13.  Section 105a of the Principal Act is amended by omitting the words “In printing” and inserting in their stead the words “Subject to the next succeeding section, in printing”.

14.  After section 105a of the Principal Act the following section is inserted:—

Printing of Senate ballot-papers—casual vacancy.

“105b.—(1.) In printing the ballot-papers to be used in an election to fill one casual vacancy in the Senate that is held at a general election of Members of the House of Representatives—

(a) the order of the names of the candidates on the ballot-papers shall be determined as follows:—

(i) the Commonwealth Electoral Officer shall, at the place of nomination, immediately after the close of nominations and before all persons present, make out in respect of each candidate a slip bearing the name of the candidate, enclose each slip in a separate blank envelope of exact similarity and deposit the several envelopes in a locked ballot-box;

(ii) the Commonwealth Electoral Officer shall then shake and rotate the ballot-box and shall permit any other person present, if he so desires, to do the same;

(iii) the ballot-box shall then be unlocked and an officer of the Commonwealth Public Service, other than the Commonwealth Electoral Officer, shall take out and open the envelopes from the ballot-box one by one; and

(iv) the candidate whose name appears on the slip enclosed in the envelope first taken from the ballot-box shall be placed first on the ballot-papers, the candidate whose name appears on the slip enclosed in the envelope next taken from the ballot-box shall be placed next on the ballot-papers and so on until the placing of all the names has been determined;

(b) where similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and

(c) except as otherwise provided by the regulations, a square shall be printed opposite the name of each candidate.”.

15.  Section 125 of the Principal Act is repealed and the following section inserted in its stead:—

Adjournment of polling.

“125.  The presiding officer may adjourn the polling from day to day in any case where polling is interrupted by—

(a) riot or open violence; or

(b) storm, tempest, flood or an occurrence of a like kind.”.

Compulsory voting.

16.  Section 128a of the Principal Act is amended by omitting from sub-section (12.) the words “Not less than Ten shillings and not more than Two pounds” and inserting in their stead the words “Not less than One pound and not more than Five pounds”.

Return of writ for election of Senators.

17.  Section 141 of the Principal Act is amended by inserting in sub-section (1.), before the words “names of the candidates” (wherever occurring), the words “name of the candidate or the”.

Production of postal vote, certificate, &c.

18.  Section 189a of the Principal Act is repealed.