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Commonwealth Electoral Act 1918

  • - C2004C02864
  • In force - Superseded Version
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Act No. 27 of 1918 as amended, taking into account amendments up to Act No. 7 of 1973
Registered 24 Nov 2009
Start Date 21 Mar 1973
End Date 19 Sep 1974

COMMONWEALTH ELECTORAL ACT 1918
- Reprinted as at 16 March 1973 (HISTACT CHAP 1974 #DATE 16:03:1973)

COMMONWEALTH ELECTORAL ACT 1918-1973 - TABLE OF PROVISIONS

TABLE


COMMONWEALTH ELECTORAL ACT

1918-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Repeal
4. (Repealed)
5. Interpretation

PART II-ADMINISTRATION

6. Chief Electoral Officer
7. Commonwealth Electoral Officers for the States
8. Divisional Returning Officers
9. Assistant Returning Officers
10. Electoral Registrars
11. Appointment in cases of emergency
12. Date from which appointments are to take effect
13. Candidates not to be officers
14. Keeping of forms

PART III-ELECTORAL DIVISIONS

15. Divisions
16. Distribution Commissioners
17. Proceedings at meetings
18. Quota
18A. Suggestions relating to distribution
19. Matters to be considered in distribution of a State
20. Notice of proposed distribution
21. Objections, &c.
22. Attempting to influence Distribution Commissioner
23. Report of Distribution Commissioners
23A. Report, &c., to be laid before Parliament
24. Proclamation of Divisions
25. Re-distribution

PART IV-SUBDIVISIONS AND POLLING PLACES

26. Subdivisions
27. Polling places
28. Change of electors from one Roll to another

PART V-ELECTORAL ROLLS

29. Electoral Rolls
30. Subdivision Rolls, Division Rolls, and State Rolls
31. Form of Rolls
32. Arrangement with States
33. New Rolls
34. Additions, &c., to new Rolls
35. Objections and notices to have effect in relation to new Rolls
36. Printing of Rolls
37. Inspection
38. Officers and others to furnish information

PART VI-QUALIFICATIONS AND DISQUALIFICATIONS FOR ENROLMENT AND
FOR VOTING

39. Persons entitled to enrolment and to vote
39A. Unenrolled members of Defence Force serving outside Australia
39B. Entitlement under section 41 of Constitution

PART VII-ENROLMENT

40. Addition of names to Rolls
41. Claims for enrolment or transfer of enrolment
42. Compulsory enrolment and transfer
43. Registration of claim
44. Reference of claims to Divisional Returning Officer
45. Time for altering Rolls
46. Penalty on officer neglecting to enrol claimants
47. Alteration of Rolls
47A. Incorrect enrolment
48. Alterations to be initialed
49. Lists of deaths and marriages to be forwarded
50. Lists of convictions to be forwarded
51. Officer to act on receipt of information

PART VIII-OBJECTIONS

52. Names on Roll may be objected to
53. Objection
54. Duty to object
55. Notice of objection
56. Answer to objection
57. Determination of objection

PART IX-APPEALS

58. Appeal to courts of summary jurisdiction

PART X-WRITS FOR ELECTIONS

59. Forms of writs
60. Address of writ for election of Senators
61. Address of writ for election of Members of House of Representatives
62. Date of nomination
63. Date of polling
64. Polling to be on a Saturday
65. Date of return of writ
66. General election to be held on same day
67. Duty of Returning Officer on receipt of writ

PART XI-THE NOMINATIONS

68. Candidates must be nominated
69. Qualifications of members of House of Representatives
70. State Members not entitled to be nominated
71. Mode of nomination
72. To whom nominations made
72A. Grouping of candidates
72B. Order of names in group
73. Requisites for nomination
74. Form of consent to act
75. Formal defects
76. Deposit to be forfeited in certain cases
77. Place of nomination
78. Hour of nomination
79. Declaration of nominations
80. Withdrawal of consent to nomination
81. Return of deposit in case of candidate's death
82. Proceedings on nomination day
83. Death of candidate after nomination
84. Failure of election

PART XII-VOTING BY POST

85. Application for a postal vote certificate and postal ballot-paper
86. (Repealed)
87. Duty of witnesses
87A. Penalty for inducing elector to apply for postal vote
88. Issue of certificate and ballot-papers
89. Inspection of applications
90. Numbering of applications and certificates
91. Returning officer to notify issue of postal vote certificate and
postal ballot-papers
91A. Person claiming to vote, whose name is noted under s. 91
91B. Authorized witnesses
92. Directions for postal voting
93. Duty of authorized witness
93A. Penalty for unlawfully marking postal ballot-paper
93B. Unlawfully opening postal ballot-paper
94. Penalty for failure to post or deliver postal ballot-paper
94A. Penalty for inducing elector to hand over postal ballot-paper
95. Duty of persons present when an elector votes by post
96. Preliminary scrutiny of postal ballot-papers
97. Mistakes

PART XIII-THE POLLING

98. Returning officer to make arrangements
99. Substitute
100. No licensed premises to be used
101. Separate voting compartments
102. Ballot-boxes
103. Certified lists of voters
104. Senate ballot-papers
105. House of Representatives ballot-papers
105A. Printing of Senate ballot-papers
105B. Printing of Senate ballot-papers-casual vacancy
106. Ballot-papers
107. Ballot-papers to be initialled
108. Scrutineers at the polling
109. Provision relating to scrutineers
110. Persons present at polling
111. The polling
112. Elections at which electors are entitled to vote
113. Where electors may vote
114. Persons claiming to vote to give names and other particulars
115. Questions to be put to voter
116. Errors not to forfeit vote
117. Right of elector to receive ballot-paper
118. List of voters to be marked on ballot-paper being issued
119. Vote to be marked in private
120. Assistance to certain voters
121. Vote of person whose name is not on certified list or has been
struck out of certified list, or is on roll and cannot be found
121A. Voter claiming to vote whose name on roll has been marked
122. Spoilt ballot-papers
123. Marking of votes in a Senate election
124. Marking of votes in a House of Representatives election
125. Adjournment of polling
126. Adjournment in other cases
127. Voting at adjourned polling
128. Arrangement where elections held in some Divisions only
128A. Compulsory voting

PART XIV-THE SCRUTINY

129. Scrutiny
130. Scrutineers at scrutiny
131. Scrutiny, how conducted
132. Action on objections to ballot-papers
133. Informal ballot-papers
134. Officers not to mark ballot-papers so that voter can be identified
135. Scrutiny of votes in Senate elections
136. Scrutiny of votes in House of Representatives elections
136A. Scrutiny prior to receipt of absent voters' ballot-papers, &c.
137. Re-count at Senate elections
138. Re-count at House of Representatives elections
139. Powers of officer conducting re-count
140. Reservation of disputed ballot-papers

PART XV-THE RETURN OF THE WRITS

141. Return of writ for election of Senators
142. Return of writs for House of Representatives
143. Correction of errors
144. Extension of time

PART XVI-LIMITATION OF ELECTORAL EXPENSES

145. Rates of expenditure
146. Expenses allowed
147. Electoral expenses
148. Expenditure on behalf of a candidate
149. Employment of paid canvassers or committeemen prohibited
150. Gifts by candidate
151. Returns of candidates' expenses
152. Return of expenses by political organizations
153. Return by newspaper proprietors

PART XVII-ELECTORAL OFFENCES

154. Offences
155. Breach or neglect by officers
156. Bribery
157. Definition
158. Undue influence
159. Definition
160. Exception
161. Illegal practices
162. Punishment
163. Heading to electoral advertisements
164. Articles to be signed
164A. Matter broadcast
164B. Display of certain electoral posters prohibited
164BA. Removal of prohibited electoral posters
164BB. Injunctions
165. Cards in polling booth
166. Untrue statements in forms
167. Signature to electoral paper
168. Witnessing electoral papers
169. Making marks on ballot-papers
170. Electoral offences
171. Prohibition of canvassing near polling booths
171A. Badges or emblems in polling booths
172. Witness to application must satisfy himself of truth of statement
173. Failure to transmit claim
174. Forging or uttering electoral papers
175. Employers to allow employees leave of absence to vote
176. Protection of the official mark
177. Disorderly behaviour at meeting
178. Neglect to initial ballot-paper, &c.
179. Offender may be removed from polling booth
180. Further punishment
181. Defamation of candidate
181A. Publication of matter regarding candidates
182. Liability for indirect acts

PART XVIII-COURT OF DISPUTED RETURNS

Division 1-Disputed Elections and Returns

183. Method of disputing elections
184. The Court of Disputed Returns
185. Requisites of petition
186. Deposit as security for costs
187. No proceedings unless requisites complied with
188. Right of Chief Electoral Officer to be represented
189. Powers of Court
189A. (Repealed)
190. Inquiries by Court
191. Voiding election for illegal practices
192. Court to report cases of illegal practices
193. Real justice to be observed
194. Immaterial errors not to vitiate election
194A. Evidence that person not permitted to vote
195. Decisions to be final
196. Copies of petition and order of Court to be sent to House affected
197. Counsel or solicitor
198. Costs
199. Deposit applicable for costs
200. Other costs
201. Effect of decision
202. Power to make Rules of Court

Division 2-Qualifications and Vacancies

203. Reference of question as to qualification or vacancy
204. President or Speaker to state case
205. Parties to the reference
206. Powers of Court
207. Order to be sent to House affected
208. Application of certain sections

PART XIX-MISCELLANEOUS

209. Institution of proceedings for offences
210. Certificate evidence
211. Disqualification for bribery or undue influence
212. Rates for telegrams
213. Electoral matter to be sent free by post
214. Electoral matter may be sent by telegraph
215. Averments deemed to be proved
216. Defendant may be called upon to give evidence
216A. Production of claims for enrolment, &c.
217. Forms
218. Preservation of ballot-papers
218A. No State referendum or vote to be held on polling day
219. Regulations

THE SCHEDULE

Forms

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 1.
Short title.

SECT


COMMONWEALTH ELECTORAL ACT 1918-1973
An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Commonwealth Electoral Act 1918-1973.*

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 2.
Commencement.

SECT

2. The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation.*

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 3.
Repeal.

SECT

3. (1) The several Parts and sections of the following Acts, namely:-the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation.*

(2) All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder.
Sub-section (3) omitted by No. 9, 1934, s. 2.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 4.
Parts.

SECT

Substituted by No. 26, 1961, s. 3.
4. This Act is divided into Parts, as follows:-

Part I- Preliminary (Sections 1-5)
Part II- Administration (Sections 6-14)
Part III- Electoral Divisions (Sections 15-25)
Part IV- Subdivisions and Polling Places (Sections 26-28)
Part V- Electoral Rolls (Sections 29-38)
Part VI- Qualifications and Disqualifications for
Enrolment and for Voting (Sections 39-39B)
Part VII- Enrolment (Sections 40-51)
Part VIII- Objections (Sections 52-57)
Part IX- Appeals (Section 58)
Part X- Writs for Elections (Sections 59-67)
Part XI- The Nominations (Sections 68-84)
Part XII- Voting by Post (Sections 85-97)
Part XIII- The Polling (Sections 98-128A)
Part XIV- The Scrutiny (Sections 129-140)
Part XV- The Return of the Writs (Sections 141-144)
Part XVI- Limitation of Electoral Expenses (Sections
145-153)
Part XVII- Electoral Offences (Sections 154-182)
Part XVIII- Court of Disputed Returns Division 1-Disputed Elections and Returns (Sections 183-202) Division 2-Qualifications and Vacancies (Sections 203-208)
Part XIX- Miscellaneous (Sections 209-219).

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 5.
Interpretation.

SECT

5. In this Act unless the contrary intention appears-

''Candidate'' in Parts II, XVI, and XVII includes any person who within three months before the day of election announces himself as a candidate for election as a Member of the Senate or the House of Representatives:

''Controller-General of Prisons'' means the Controller-General or other principal officer of a State having control of the prisons and gaols of the State:

''Division'' means an Electoral Division for the election of a member of the House of Representatives:

''Elector'' means any person whose name appears on a Roll as an elector:

''Justice of the Peace'' means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State:

''Officer'' includes the Chief Electoral Officer for the Commonwealth, and any Commonwealth Electoral Officer for a State, Divisional Returning Officer, Assistant Returning Officer, Registrar, Presiding Officer, Substitute Presiding Officer, Assistant Presiding Officer, Poll Clerk, and Doorkeeper:

''Registrar'' means an Electoral Registrar under this Act and includes a Divisional Returning Officer acting as Registrar:

''Registrar-General'' means the Registrar-General or other Principal Officer of a State who is charged with the duty of registering deaths occurring and marriages celebrated in the State:

''Returning Officer'' includes Divisional Returning Officer and Assistant Returning Officer:

''Roll'' means an Electoral Roll under this Act:

''Subdivision'' means a subdivision of a Division.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 6.
Chief Electoral Officer.

SECT

PART II-ADMINISTRATION *
6. There shall be a Chief Electoral Officer for the Commonwealth who shall have such powers and functions as are conferred upon him by this Act or the Regulations.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 7.
Commonwealth Electoral Officers for the States.

SECT

7. There shall be a Commonwealth Electoral Officer for each State who shall subject to the directions of the Chief Electoral Officer be the principal electoral officer in the State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 8.
Divisional Returning Officers.

SECT

8. There shall be a Divisional Returning Officer for each Division, who shall be charged with the duty of giving effect to this Act within or for his Division subject to the directions of the Commonwealth Electoral Officer for the State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 9.
Assistant Returning Officers.

SECT

Sub-section (1) substituted by No. 106, 1952, s. 2.
9. (1) Subject to this section, a person may be appointed to be an Assistant Returning Officer-

(a) for a portion of a Division; or

(b) at a place outside Australia.
Inserted by No. 106, 1952, s. 2.

(1A) A person appointed to be an Assistant Returning Officer for a portion of a Division may, subject to the control of the Divisional Returning Officer, perform the functions and exercise the powers of the Divisional Returning Officer (other than those relating to postal voting) in, or in relation to, that portion of the Division.
Inserted by No. 106, 1952, s. 2.

(1B) A person appointed to be an Assistant Returning Officer at a place outside Australia may, subject to the control of the Chief Electoral Officer, perform such functions and exercise such powers as are conferred on him by this Act.
Inserted by No. 106, 1952, s. 2.

(1C) An Assistant Returning Officer shall not be appointed for a portion of a Division for which less than one hundred electors are enrolled.
Amended by No. 19, 1940, s. 3.

(2) Where the services of an Assistant Returning Officer are required for the purpose of an election or a referendum only, the appointment may be made by the Chief Electoral Officer and in such case shall terminate upon the completion of the election or referendum.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 10.
Electoral Registrars.

SECT

10. The Minister may appoint Electoral Registrars to keep the Rolls for specified Subdivisions, who shall be subject to the directions of the Divisional Returning Officer. The Divisional Returning Officer shall act as Registrar for any Subdivision of his Division for which no Registrar has been appointed, and may by virtue of his office act as Registrar for any Subdivision of his Division during the absence from duty of the Registrar for the Subdivision.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 11.
Appointment in cases of emergency.

SECT

11. (1) In the event of any vacancy occurring in the office of Divisional Returning Officer, Assistant Returning Officer or Registrar, or in the absence from duty of any such officer, the Chief Electoral Officer may appoint some person to perform the duties of the office during the period of the vacancy or absence.

(2) Any such appointment shall be temporary only, and shall not confer on the appointee any right or claim to be permanently appointed to the position.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 12.
Date from which appointments are to take effect.

SECT

12. A person appointed to be a Divisional Returning Officer, an Assistant Returning Officer, or a Registrar shall be deemed to have been appointed as from the date specified in his appointment, or, if no such date is specified, as from the date of his appointment.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 13.
Candidates not to be officers.

SECT

13. No candidate shall be appointed an officer, and if any officer becomes a candidate he shall thereby vacate his office.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 14.
Keeping of forms.

SECT

14. All Divisional Returning Officers and Registrars shall keep forms of claim for enrolment and transfer and such other forms as are prescribed, and shall without fee supply them to the public and assist the public in their proper use.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 15.
Divisions.

SECT

PART III-ELECTORAL DIVISIONS
15. Each State shall be distributed into Electoral Divisions equal in number to the number of Members of the House of Representatives to be chosen for the State, and one Member of the House of Representatives shall be chosen for each Division.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 16.
Distribution Commissioners.

SECT

16. (1) For the purpose of the distribution of a State into Divisions in accordance with this Act the Governor-General may appoint three Distribution Commissioners, of whom one shall be the Chief Electoral Officer or an officer having similar qualifications, and, if his services are obtainable, one shall be the Surveyor-General of the State or an officer having similar qualifications.

(2) The Governor-General may appoint one of the Distribution Commissioners to be Chairman.

(3) The Distribution Commissioners shall hold office during the pleasure of the Governor-General.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 17.
Proceedings at meetings.

SECT

17. At all meetings of the Distribution Commissioners the Chairman, if present, shall preside, and in his absence the Distribution Commissioners present shall appoint one of their number to preside, and at all such meetings two Commissioners shall be a quorum and shall have full power to act, and in the event of an equality of votes the Chairman or presiding Commissioner shall have a casting vote in addition to his original vote.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 18.
Quota.

SECT

18. For the purposes of this Act the Chief Electoral Officer shall, whenever necessary, ascertain a quota for each State as follows:-

The whole number of electors in each State, as nearly as can be ascertained, shall be divided by the number of Members of the House of Representatives to be chosen for the State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 18A.
Suggestions relating to distribution.

SECT

Inserted by No. 48, 1965, s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 19.
Matters to be considered in distribution of a State.

SECT

Substituted by No. 48, 1965, s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 20.
Notice of proposed distribution.

SECT

Substituted by No. 48, 1965, s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 21.
Objections, &c.

SECT

Substituted by No. 48, 1965, s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 22.
Attempting to influence Distribution Commissioner.

SECT

Substituted by No. 48, 1965, s. 3.
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

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 23.
Report of Distribution Commissioners.

SECT

Substituted by No. 48, 1965, s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 23A.
Report, &c., to be laid before Parliament.

SECT

Inserted by No. 48, 1965. s. 3.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 24.
Proclamation of Divisions.

SECT

24. (1) If both Houses of the Parliament pass a resolution approving of any proposed distribution the Governor-General may by proclamation declare the names and boundaries of the Divisions, and such Divisions shall until altered be the Electoral Divisions for the State in which they are situated:

Provided that, until the next ensuing dissolution or expiration of the House of Representatives, the redistribution shall not affect the election of a new member to fill a vacancy happening in the House of Representatives; but for the purposes of any such election the Electoral Divisions as theretofore existing, and the Rolls in respect of those Divisions, shall continue to have full force and effect, notwithstanding that new Rolls for the new Divisions have been prepared.

(2) If either House of the Parliament passes a resolution disapproving of any proposed distribution, or negatives a motion for the approval of any proposed distribution, the Minister may direct the Distribution Commissioners to propose a fresh distribution of the State into Divisions.

(3) The Distribution Commissioners shall thereupon reconsider the matter, and forthwith propose a fresh distribution, but for that purpose it shall not be necessary to cause the action provided by section twenty of this Act to be taken.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 25.
Re-distribution.

SECT

25. (1) A re-distribution of any State into Divisions shall be made in the manner hereinbefore provided whenever directed by the Governor-General by proclamation.

(2) Such proclamation may be made-

(a) whenever an alteration is made in the number of Members of the House of Representatives to be elected for the State; and

(b) whenever in one-fourth of the Divisions of the State the number of the electors differs from a quota ascertained in the manner provided in this Part to a greater extent than one-fifth more or one-fifth less; and

(c) at such other times as the Governor-General thinks fit.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 26.
Subdivisions.

SECT

PART IV-SUBDIVISIONS AND POLLING PLACES
26. (1) Each Division shall be divided into Subdivisions and the boundaries of each Subdivision shall be as specified by proclamation.
Added by No. 19, 1940, s. 4.

(2) The Minister may, on the recommendation of the Chief Electoral Officer, by notice in the Gazette, declare any Subdivision to be a remote Subdivision for the purposes of this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 27.
Polling places.

SECT

27. (1) The Minister may, by notice in the Gazette-

(a) appoint a chief polling place for each Division;

(b) appoint such other polling places for each Division as he thinks necessary;

(c) declare polling places to be the polling places for any specified Subdivisions; and

(d) abolish any polling place.

(2) No polling place shall be abolished after the issue of the writ and before the time appointed for its return.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 28.
Change of electors from one Roll to another.

SECT

28. When a Division is divided into Subdivisions, or the boundaries of a Division or Subdivision are altered, or a new Subdivision is proclaimed, such changes as are thereby rendered necessary for the transfer of the names of electors from one Roll to another Roll shall be made in the prescribed manner.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 29.
Electoral Rolls.

SECT

PART V-ELECTORAL ROLLS
29. (1) There shall be a Roll of the electors for each State.
Sub-section (2) omitted by No. 9, 1934, s. 3.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 30.
Subdivision Rolls, Division Rolls, and State Rolls.

SECT

30. (1) There shall be a Roll for each Division.

(2) There shall be a separate Roll for each Subdivision.

(3) All the Subdivision Rolls for a Division shall together form the Roll for the Division.

(4) All the Division Rolls for a State shall together form the Roll for the State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 31.
Form of Rolls.

SECT

31. The Rolls may be in the prescribed form, and shall set out the surname, Christian names, place of living, occupation (or other prescribed particulars) and sex of each elector, and may contain such further particulars as are prescribed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 32.
Arrangement with States.

SECT

32. (1) The Governor-General may arrange with the Governor of a State for the preparation, alteration, and revision of the Rolls, in any manner consistent with the provisions of this Act, jointly by the Commonwealth and the State, to the intent that the Rolls may be used as Electoral Rolls for State elections as well as for Commonwealth elections.

(2) When any such arrangement has been made, the Rolls may contain, for the purposes of such State elections-

(a) the names and descriptions of persons who are not entitled to be enrolled thereon as electors of the Commonwealth provided that it is clearly indicated in the prescribed manner that those persons are not enrolled thereon as Commonwealth electors;

(b) distinguishing marks against the names of persons enrolled as Commonwealth electors, to show that those persons are or are not also enrolled as State electors; and

(c) other particulars in addition to the prescribed particulars;
and for the purposes of this Act the names, descriptions, marks, and particulars so contained shall not be deemed part of the Roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 33.
New Rolls.

SECT

33. (1) New Rolls for any Subdivisions, Divisions, or States shall be prepared whenever directed by proclamation.

(2) The Rolls shall be prepared under a system of compulsory enrolment.

(3) The proclamation may specify the manner in which the Rolls shall be prepared; and may require every person entitled to enrolment on any new Roll to sign and send to the proper officer in accordance with the regulations a form of claim for enrolment and otherwise to comply with the regulations relating to compulsory enrolment:

Provided that where an elector is enrolled for the Subdivision in which he lives, in pursuance of a claim signed by him, he shall not be required to sign and send in any further claim for enrolment in connexion with the preparation of a new Roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 34.
Additions, &c., to new Rolls.

SECT

34. Upon the receipt by the Registrar of a new Roll for a Sub-division, the Registrar shall-

(a) make additions, alterations, and corrections therein; and

(b) remove names therefrom,
pursuant to claims or notifications received by him between the date of the proclamation directing the preparation of new Rolls and the date of the notification that the Rolls have been prepared, where the additions, alterations or corrections have not already been made in, or the removals have not been made from, the Rolls.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 35.
Objections and notices to have effect in relation to new Rolls.

SECT

35. Where objections have been lodged or notices of objection have been issued and action in respect of those objections or notices has not been completed prior to the notification of the preparation of new Rolls, the objections or notices shall have effect in relation to the new Rolls as if such Rolls had been in existence at the time of the lodging of the objections or the issuing of the notices.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 36.
Printing of Rolls.

SECT

36. (1) Rolls shall be printed whenever the Minister so directs.
Amended by No. 19, 1940, s. 5.

(2) Supplemental Rolls, setting out additions since the latest print of the Rolls, shall, where necessary, be prepared and printed immediately after the issue of the writ for an election or a referendum, and at such other times as the Minister directs.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 37.
Inspection.

SECT

37. (1) Copies of the latest print of the Division Roll and of all supplemental prints shall be open for public inspection at the office of the Divisional Returning Officer for the Division without fee, and shall be obtainable thereat and at such post offices in the Division as the Divisional Returning Officer appoints, on payment of the price prescribed.

(2) Every Roll kept by a Registrar shall be open for public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 38.
Officers and others to furnish information.

SECT

38. All officers in the service of the Commonwealth, all police, statistical, and electoral officers in the service of any State, officers in the service of any local governing body, and all occupiers of habitations shall upon application furnish to the Commonwealth Electoral Officer for the State or to any officer acting under his direction all such information as he requires in connexion with the preparation, maintenance or revision of the Rolls.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 39.
PART VI-QUALIFICATIONS AND DISQUALIFICATIONS FOR ENROLMENT AND FOR
VOTING

SECT

Persons entitled to enrolment and to vote.
Sub-section (1) amended by No. 10, 1949, s. 3; and No. 7, 1973, s. 3.
39. (1) Subject to the disqualification set out in this Part, all persons not under eighteen years of age, whether male or female, married or unmarried-

(a) who have lived in Australia for six months continuously, and

(b) who are British subjects,
shall be entitled to enrolment subject to the provisions of Part VII of this Act.*
Sub-section (2) omitted by No. 17, 1928, s. 2.
* * * * * * * *
Amended by No. 14, 1922, s. 3; and No. 17, 1928, s. 2.

(3) All persons whose names are on the roll for any Electoral Division shall, subject to this Act, be entitled to vote at elections of Members of the Senate for the State of which the Division forms part and at elections of Members of the House of Representatives for the Division, but no person shall be entitled to vote more than once at any Senate election or any House of Representatives election, or at more than one election for the Senate or for the House of Representatives held on the same day:

Provided that an elector shall not be entitled to vote as an elector of the Division in respect of which he is enrolled unless his real place of living was at some time within three months immediately preceding polling day within that Division. In this proviso the words ''real place of living'' include the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.

(4) No person who is of unsound mind, and no person attainted of treason, or who has been convicted and is under sentence for any offence punishable under the law of any part of the King's dominions by imprisonment for one year or longer, shall be entitled to have his name placed on or retained on any roll or to vote at any Senate election or House of Representatives election.
Substituted by No. 26, 1961, s. 4.

(5) A person who is-

(a) the holder of a temporary entry permit for the purposes of the Migration Act 1958; or

(b) a prohibited immigrant under that Act,
is not entitled to enrolment under Part VII.
Sub-section (6) omitted by No. 31, 1962, s. 2.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 39A.
Unenrolled members of Defence Force serving outside Australia.

SECT

Inserted by No. 79, 1953, s. 3.
Sub-section (1) amended by No. 26, 1961, s. 5; and No. 7, 1973, s. 4.
39A. (1) Where a member of the Defence Force who is on service outside Australia is not an elector but-

(a) is not less than eighteen years of age;

(b) has lived in Australia for six months continuously; and

(c) is a British subject,
the member shall, for the purposes of this Act, be deemed to be an elector and, subject to sub-section (4) of the last preceding section, is entitled to vote at elections under this Act as if his name appeared on the Roll for the Subdivision in which, immediately before his departure from Australia, he ordinarily lived.

(2) For the purposes of the last preceding sub-section, a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of the Defence Force and on service with that part of the Defence Force.
Sub-section (3) and (4) omitted by No. 7, 1973, s. 4.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 39B.
Entitlement under section 41 of Constitution.

SECT

Inserted by No. 26, 1961, s. 6.
39B. Notwithstanding any other provision of this Act, a person to whom section forty-one of the Constitution applies is entitled to enrolment under Part VII and to vote at any Senate election or House of Representatives election.*

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 40.
Addition of names to Rolls.

SECT

PART VII-ENROLMENT
40. (1) Names may be added to Rolls pursuant to claims for enrolment or transfer of enrolment.

(2) A claim may be in the prescribed form, and shall be signed by the claimant with his personal signature, and attested by a prescribed person who shall sign his name as witness in his own handwriting .

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 41.
Claims for enrolment or transfer of enrolment.

SECT

41. (1) Any person qualified for enrolment, who lives in a Sub-division, and has so lived for a period of one month last past, shall be entitled to have his name placed on the Roll for that Subdivision.

(2) Any elector whose name is on the Roll for any Subdivision and who lives in any other Subdivision, and has so lived for a period of one month last past, shall be entitled to have his name transferred to the Roll for the Subdivision in which he lives.
Amended by No. 9, 1934, s. 4.

(3) No person is entitled to have his name placed on more than one Roll or upon any Roll other than the Roll for the Subdivision in which he lives, or to have his name placed on a Roll in respect of any address other than the address at which he is living at the date of lodgment of the claim.
Amended by No. 20, 1925, s. 3; No. 17, 1928, s. 3; and No. 26, 1961, s. 7.

(4) Notwithstanding anything contained in this Act-

(a) any Senator may, if he so desires, have his name placed upon and retained upon the Roll for any Subdivision of any Division of the State which he represents instead of upon the Roll for the Subdivision in which he lives, and any Member of the House of Representatives may, if he so desires, have his name placed upon and retained upon the Roll for any Subdivision of the Division which he represents instead of upon the Roll for the Subdivision in which he lives;

(b) any Senator who lives in the Australian Capital Territory may, if he so desires, have his name placed upon and retained upon the Roll for any Subdivision of any Division in the State which he represents and any Member of the House of Representatives who lives in the Australian Capital Territory may, if he so desires, have his name placed upon and retained upon the Roll for any Subdivision of the Division which he represents; and

(c) any Senator or Member of the House of Representatives whose name is enrolled in accordance with the provisions of this sub-section may vote as an elector of the Subdivision in respect of which he is so enrolled.

(5) The validity of any enrolment shall not in any case be questioned on the ground that the person enrolled has not in fact lived in the Subdivision for a period of one month.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 42.
Compulsory enrolment and transfer.

SECT

42. (1) Every person who is entitled to have his name placed on the Roll for any Subdivision whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll, shall forthwith fill in and sign, in accordance with the directions printed thereon, a claim in the prescribed form, and send or deliver the claim to the Registrar for the Subdivision.
Amended by No. 26, 1961, s. 8.

(2) Every person who is entitled to have his name placed on the Roll for any Subdivision whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of twenty-one days from the date upon which he became so entitled, or at any subsequent date while he continues to be so entitled, shall be guilty of an offence unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the Registrar for the Subdivision for which he is entitled to be enrolled, a claim in the prescribed form, duly filled in and signed in accordance with the directions printed thereon.
Amended by No. 26, 1961, s. 8.

(3) Every person who changes his place of living from one address in the Subdivision for which he is enrolled to another address in that Subdivision, and who, at any time after the expiration of twenty-one days from the date of making the change, has failed to notify the Registrar for the Subdivision in the prescribed form of the new address, shall be guilty of an offence.
Added by No. 26, 1961, s. 8; amended by No. 48, 1965, s. 4; and No. 93, 1966, s. 3.

(4) A person who is guilty of an offence against this section is punishable upon conviction-

(a) in the case of a first offence-by a fine of not less than One dollar and not more than Four dollars; or

(b) in any other case-by a fine of not less than Four dollars and not more than Ten dollars.
Added by No. 31, 1962, s. 3.

(5) This section does not apply to a person who is an aboriginal native of Australia except to the extent that such a person may, if he so chooses, comply with sub-section (1) of this section.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 43.
Registration of claim.

SECT

Sub-section (1) amended by No. 10, 1949, s. 4.
43. (1) Upon receipt of a claim for enrolment or transfer of enrolment, the Registrar shall-

(a) note on the claim the date of its receipt by him; and

(b) if the claim is in order and he is satisfied that the claimant is entitled to be enrolled, forthwith-

(i) enter on the Roll kept by him the name of the claimant and the particulars relating to him; and

(ii) notify the claimant in the prescribed form 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 Roll from which the elector's name has been transferred.
Amended by No. 10, 1949, s. 4.

(2) The Registrar keeping the Roll from which an elector's name has been transferred shall, upon the receipt of notice of the transfer in the prescribed form, remove the elector's name from the Roll kept by him.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 44.
Reference of claims to Divisional Returning Officer.

SECT

44. (1) The Registrar, on receipt of a claim, shall, if he is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim forthwith-

(a) refer the claim, with such observations as he thinks proper, to the Divisional Returning Officer for his decision, and

(b) send to the claimant a notification in the prescribed form that the claim has been so referred.

(2) After the Divisional Returning Officer has made such inquiry as may be necessary to enable him to decide the claim, he shall forthwith return the claim to the Registrar, and notify the Registrar of his decision, and, if he decides to reject the claim, the reason for such decision.

(3) If the Divisional Returning Officer decides that the claimant is entitled to enrolment pursuant to the claim, the Registrar shall forthwith enrol the claimant, and send to him a notification in the prescribed form that he has been so enrolled.

(4) If the Divisional Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim, the Registrar shall forthwith send to the claimant a notification in the prescribed form that his claim has been rejected, specify the reason for the rejection, and advise the claimant that he is entitled, at any time within one calendar month after the receipt of the notification, to appeal to a court of summary jurisdiction for an order directing that his name be added to the Roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 45.
Time for altering Rolls.

SECT

45. Notwithstanding anything contained in either of the last two preceding sections-

(a) claims for enrolment or transfer of enrolment which are received by the Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of the polling at the election; and

(b) except by direction of the Divisional Returning Officer no name shall be removed from a Roll pursuant to a notification of transfer of enrolment received by the Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election and before the close of the polling at the election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 46.
Penalty on officer neglecting to enrol claimants.

SECT

Amended by No. 93, 1966, s. 3.
46. Any officer who receives a claim for enrolment or transfer of enrolment and who without just excuse fails to do everything necessary on his part to be done to secure the enrolment of the claimant in pursuance of the claim shall be guilty of an offence.

Penalty: Twenty dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 47.
Alteration of Rolls.

SECT

Sub-section (1) amended by No. 19, 1940, s. 6.
47. (1) In addition to other powers of alteration conferred by this Act, a Registrar may alter any Roll kept by him by-

(a) correcting any mistake or omission in the particulars of the enrolment of an elector;

(b) altering, on the written application of an elector, the original name, address, or occupation of the elector on the same Subdivision Roll;

(c) removing the name of any deceased elector;

(d) striking out the superfluous entry where the name of the same elector appears more than once on the same Subdivision Roll;

(e) reinstating any name removed by mistake as the name of a deceased elector;

(f) reinstating, by direction of the Divisional Returning Officer, any name removed as the result of an objection:

Provided that the Divisional Returning Officer shall not direct the reinstatement of any such name unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made;

(g) reinstating by direction of the Divisional Returning Officer any other name removed by mistake; and

(h) removing a name from the Roll by direction of the Divisional Returning Officer upon the certificate of the Commonwealth Electoral Officer:

Provided that the Commonwealth Electoral Officer shall not issue such a certificate unless he is satisfied that the elector has ceased to be qualified for enrolment on that Roll and has secured enrolment on another Roll.
Substituted by No. 9, 1934, s. 5.

(2) Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision other than the Subdivision in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the Roll for the Subdivision in which he was living-

(a) if the two Subdivisions are in the same Division, the Divisional Returning Officer may direct the Registrar keeping the Roll on which the elector is enrolled to remove the name of the elector from that Roll, and the Registrar keeping the Roll for the Subdivision in which the elector is living to place the name of the elector on that Roll and to notify the elector of the change of enrolment, and the respective Registrars shall comply with those directions accordingly; and

(b) if the two Subdivisions are not in the same Division, the Commonwealth Electoral Officer shall forward a certificate setting forth the facts to the Divisional Returning Officer for the Division in which the elector is enrolled and to the Divisional Returning Officer for the Division in which the elector is living, and thereupon the Divisional Returning Officer for the Division for which the elector is enrolled shall direct the Registrar keeping the Roll on which the elector is enrolled to remove the name of the elector from that Roll, and the Divisional Returning Officer for the Division in which the elector is living shall direct the Registrar keeping the Roll for the Subdivision in which the elector is living to place the name of the elector on that Roll and to notify the elector of the change of enrolment, and the respective Registrars shall comply with those directions accordingly.

(3) No alteration pursuant to this section shall without the authority of the Divisional Returning Officer be made at any time after six o'clock in the afternoon of the day of the issue of the writ for an election and before the close of the polling at the election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 47A.
Incorrect enrolment.

SECT

Inserted by No. 9, 1934, s. 6.
47A. Where a person, whose name has been placed on the Roll for a Division, is not entitled to enrol for that Division and that person secured enrolment pursuant to a claim in which he made a false statement, the Divisional Returning Officer for that Division, upon receipt of a certificate from the Commonwealth Electoral Officer setting forth the facts, may, at any time between the date of the issue of the writ for an election for that Division, and before the close of the polling at that election, direct the Registrar keeping that Roll to remove the name of that person from that Roll and the Registrar shall comply with that direction accordingly.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 48.
Alterations to be initialed.

SECT

Amended by No. 26, 1961, s. 9.
48. Every alteration of a Roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for each alteration and the date thereof shall be set against the alteration, together with the initials of the Registrar or of the person who makes the alteration on behalf of the Registrar.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 49.
Lists of deaths and marriages to be forwarded.

SECT

Amended by No. 7, 1973, s. 5.
49. The Registrar-General shall as soon as practicable after the beginning of each month or at such other times as are arranged with the Chief Electoral Officer-

(a) forward to each Divisional Returning Officer in the State (either direct or through the Commonwealth Electoral Officer as may be arranged) a list of the names, addresses, occupations, ages, and sexes and dates of death of all persons of the age of eighteen years or upwards whose deaths have been registered during the preceding month in respect of the Division for which the Divisional Returning Officer has been appointed;

(b) forward to the Commonwealth Electoral Officer particulars of all marriages of women of the age of eighteen years or upwards which have been registered in the State during the preceding month.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 50.
Lists of convictions to be forwarded.

SECT

50. The Controller-General of Prisons shall as soon as practicable after the beginning of each month forward to the Commonwealth Electoral Officer a list of the names, addresses, occupations, and sexes of all persons who during the preceding month have been convicted in the State and are under sentence for any offence punishable by imprisonment for one year or longer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 51.
Officer to act on receipt of information.

SECT

51. The Commonwealth Electoral Officer or the Divisional Returning Officer, as the case requires, shall, upon receipt of information pursuant to the last two preceding sections, take action under this Act to effect such alterations of the Rolls as are necessary.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 52.
Names on Roll may be objected to.

SECT

PART VIII-OBJECTIONS
Amended by No. 93, 1966, s. 3.
52. Any name on a Roll may be objected to by objection in writing lodged with or made by the Divisional Returning Officer:

Provided that a sum of Fifty cents shall be deposited in respect of each objection lodged by any person other than an officer, to be forfeited to the King if the objection is held by the Divisional Returning Officer to be frivolous.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 53.
Objection.

SECT

53. The objection may be in the prescribed form, and shall be signed by an elector enrolled on the same Subdivision Roll as the person objected to, or by the Divisional Returning Officer or Registrar, or other prescribed officer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 54.
Duty to object.

SECT

54. It is the duty of the Divisional Returning Officer and of each Registrar or other prescribed officer to lodge or make an objection in writing, setting forth the grounds of such objection, in respect of any name which he has reason to believe ought not to be retained on the Roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 55.
Notice of objection.

SECT

55. (1) When an objection is made by or lodged with a Divisional Returning Officer, the Divisional Returning Officer shall forthwith give notice of the objection to the person objected to.

(2) The notice may be in the prescribed form, and may be served by being posted to the place of abode for the time being of the person objected to, if that place of abode is known to the Divisional Returning Officer, or, if it is not known to the Divisional Returning Officer, then to the place of living as appearing on the Roll.

(3) Where the Divisional Returning Officer is satisfied that the ground of objection stated in any objection lodged by an officer is not a good ground of objection, he may dismiss the objection, in which case no notice of the objection need be given to the person objected to.

(4) An objection on the ground that a person does not live in the Subdivision for which he is enrolled shall be deemed not to be good unless it alleges that the person objected to does not live in the Subdivision, and has not so lived for at least one month last past.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 56.
Answer to objection.

SECT

56. The person objected to may, orally or in writing, in the prescribed manner, answer the objection.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 57.
Determination of objection.

SECT

57. (1) The Divisional Returning Officer shall determine the objection forthwith on receipt of the answer of the person objected to, or if no answer is received within a period of twenty days after the posting of the notice, then after the expiration of that period, and if it appears that the person objected to is not entitled to be enrolled on the Roll in respect of which the objection has been made, the Divisional Returning Officer shall direct the Registrar to remove the name of such person from that Roll:

Provided that no name shall be removed from a Roll in pursuance of this section after the issue of the writ for an election and before the close of the polling at the election.
Amended by No. 93, 1966, s. 3.

(2) If any objection lodged by any person other than an officer is held by the Divisional Returning Officer to be frivolous, the person objected to shall be entitled to such reasonable allowance, not exceeding Ten dollars, as the Divisional Returning Officer thinks fit to award.

(3) In default of payment the sum awarded may be recovered by the person objected to in any civil court as a debt due by the objector.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 58.
Appeal to courts of summary jurisdiction.

SECT

PART IX-APPEALS
58. (1) Any person-

(a) who has sent or delivered to a registrar a claim for enrolment or transfer of enrolment, and who has not been enrolled pursuant thereto, or

(b) whose name has been removed from a Roll by direction of the Divisional Returning Officer pursuant to an objection,
may, at any time within one calendar month after the receipt of the notice of the rejection of the claim or of notice of the determination of the objection, as the case may be, in the prescribed manner make application to a court of summary jurisdiction, constituted by a Police, Stipendiary, or Special Magistrate, or by two or more Justices of the Peace authorized by the Governor-General to hear and determine electoral appeals, for an order directing that his name be enrolled or reinstated on the Roll, as the case requires.

(2) Where an objection has been determined by the Divisional Returning Officer adversely to the person objecting, that person, if not an officer, may in the prescribed manner apply to a court of summary jurisdiction, constituted as provided in the last preceding sub-section, for an order sustaining the objection.

(3) Where the application has reference to the decision of the Divisional Returning Officer upon an objection, the applicant shall as prescribed serve the objector or the person objected to (as the case may be) with notice of the application, and the person so served may appear, or may in writing authorize any person to appear on his behalf, to resist the application.

(4) The court may hear and determine any application under this section, and make such order as it thinks fit as to the costs of the application.

(5) Any costs ordered by the court to be paid may be recovered in the same manner as the costs of any other proceeding before the court.

(6) The clerk or other proper officer of the court shall send by post to the Divisional Returning Officer a certified copy of the order of the court, and it shall be the duty of the Divisional Returning Officer to direct the Registrar to make such entries (if any) upon the Roll as are necessary to give effect to the order.

(7) A Police, Stipendiary, or Special Magistrate, or two or more Justices of the Peace authorized by the Governor-General to hear and determine electoral appeals, though not sitting as a court of summary jurisdiction, shall for the purposes of this section be deemed to be, and shall have all the powers of, a court of summary jurisdiction; and the Minister may appoint a clerk to such Magistrate or Justices and the clerk shall, for the purposes of this section, have all the powers and functions of the clerk or other proper officer of a court of summary jurisdiction.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 59.
Forms of writs.

SECT

PART X-WRITS FOR ELECTIONS
59.* (1) Writs for the election of Senators or Members of the House of Representatives may be in the Form A or Form B respectively in the Schedule, and shall fix the date for-

(a) the nomination,

(b) the polling, and

(c) the return of the writ.

(2) For the purposes of this Act a writ shall be deemed to have been issued at the hour of six o'clock in the afternoon of the day on which the writ was issued.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 60.
Address of writ for election of Senators.

SECT

60. Writs for the election of Senators shall be addressed to the respective Commonwealth Electoral Officers for the States for which the elections are to be held.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 61.
Address of writ for election of Members of House of Representatives.

SECT

61. (1) Writs for the election of Members of the House of Representatives shall be addressed to the respective Divisional Returning Officers for the Divisions for which the elections are to be held, and may be issued through the Chief Electoral Officer.

(2) The Chief Electoral Officer may advise any Divisional Returning Officer by telegram of the issue of the writ for a House of Representatives election and the particulars thereof, and for the purposes of section sixty-seven of this Act the Divisional Returning Officer may act on such advice as if the writ had been received by him.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 62.
Date of nomination.

SECT

62. The date fixed for the nomination of the candidates shall not be less than seven days nor more than twenty-one days after the date of the writ.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 63.
Date of polling.

SECT

63. The date fixed for the polling shall not be less than seven days nor more than thirty days after the date of nomination.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 64.
Polling to be on a Saturday.

SECT

64. The day fixed for the polling shall be a Saturday.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 65.
Date of return of writ.

SECT

65. The date fixed for the return of the writ shall not be more than ninety days after the issue of the writ.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 66.
General election to be held on same day.

SECT

66. In the case of a general election for the House of Representatives the same day shall be fixed for the polling in each Division, and all writs shall be made returnable on the same day.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 67.
Duty of Returning Officer on receipt of writ.

SECT

67. On the receipt of a writ the officer to whom it is directed shall indorse thereon the date of its receipt; and shall-

(a) in the case of a writ for a Senate election, advertise its receipt and particulars in not less than two newspapers circulating in the State, and forward a copy of the writ to each Divisional Returning Officer and Assistant Returning Officer in the State;

(b) in the case of a writ for a House of Representatives election, advertise its receipt and particulars in not less than two newspapers circulating in the Division, and forward a copy of the writ to each Assistant Returning Officer in the Division.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 68.
Candidates must be nominated.

SECT

PART XI-THE NOMINATIONS
68. No person shall be capable of being elected as a Senator or a Member of the House of Representatives unless duly nominated.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 69.
Qualifications of members of House of Representatives.

SECT

Substituted by No. 20, 1925, s. 4.
Sub-section (1) amended by No. 10, 1949, s. 5; and No. 7, 1973, s. 6.
69. (1) The qualifications of a Member of the House of Representatives shall be as follows*:-

(a) He must be of the full age of eighteen years;

(b) He must be a British subject;

(c) He must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen; and

(d) He must be either-

(i) an elector entitled to vote at the election of Members of the House of Representatives; or

(ii) a person qualified to become such an elector.

(2) To entitle a person to be nominated as a Senator or a Member of the House of Representatives he must have the qualifications specified in the last preceding sub-section.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 70.
State Members not entitled to be nominated.

SECT

Substituted by No. 14, 1921, s. 2.
70. No person who-

(a) is at the date of nomination a Member of the Parliament of a State; or

(b) was at any time within fourteen days prior to the date of nomination a member of the Parliament of a State; or

(c) has resigned from the Parliament of a State and has the right, under the law of the State, if not elected to the Parliament of the Commonwealth, to be re-elected to the Parliament of the State without the holding of a poll,
shall be capable of being nominated as a Senator, or as a Member of the House of Representatives.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 71.
Mode of nomination.

SECT

71. A nomination may be in Form C or Form D in the Schedule applicable to the case and shall-

(a) name the candidate, his place of residence and occupation; and

(b) be signed by not less than six persons entitled to vote at the election for which the candidate is nominated.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 72.
To whom nominations made.

SECT

72. (1) Nominations of Senators may be made to the Commonwealth Electoral Officer for the State for which the election is to be held, and nominations of Members of the House of Representatives may be made to the Divisional Returning Officer for the Division for which the election is to be held.

(2) Nominations may be made at any time after the issue of the writ and before the hour of nomination.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 72A.
Grouping of candidates.

SECT

Inserted by No. 14, 1922, s. 4.
Sub-section (1) amended by No. 48, 1965, s. 5.
72A. (1) Subject to this section, candidates nominated for election to the Senate may claim to have their names grouped in the ballot-papers in the manner prescribed in this Act.

(2) A group shall include the names of those candidates only each of whom notifies the Commonwealth Electoral Officer for the State in the prescribed manner after he has been nominated, and not later than twelve o'clock noon on the day of nomination, that he desires to have his name included in that group with the names of the other candidates in that proposed group, and with those names only.

(3) A candidate shall not be entitled to have his name included in more than one group.

(4) A notification, pursuant to this section, shall not be rejected by reason of any formal defect or error therein if the Commonwealth Electoral Officer who receives the notification is satisfied that the provisions of this Act and the regulations have been substantially complied with.

(5) Upon the receipt of notifications in accordance with this section, from all the candidates in any proposed group, the Commonwealth Electoral Officer shall include the names of those candidates in a group, and shall notify each member of the group of the fact that he has included his name in a group, and of the names of the other candidates included in the group.
Added by No. 48, 1965, s. 5.

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

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 72B.
Order of names in group.

SECT

Inserted by No. 19, 1940, s. 7.
72B. Candidates nominated for election to the Senate whose names are included in a group in accordance with the provisions of section seventy-two A of this Act may notify the Commonwealth Electoral Officer for the State of the order in which it is desired the names of the candidates in the group shall appear in the ballot-papers, and where a notification in pursuance of this section is received by the Commonwealth Electoral Officer from each of the candidates whose names are included in the group not later than twelve o'clock noon on the day of nomination and the names of the candidates in the group are set out in all the notifications in the same order, the names of the candidates in the group shall appear in the ballot-papers in that order.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 73.
Requisites for nomination.

SECT

Amended by No. 20, 1925, s. 5; No. 48, 1965, s. 6; and No. 93, 1966, s. 3.
73. No nomination shall be valid unless-

(a) the person nominated consents to act if elected, and declares that he is qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator or a Member of the House of Representatives, as the case may be;
(b) the nomination paper is received after the issue of the writ and before the hour of nomination; and

(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-Two hundred dollars; or

(ii) in the case of a person nominated as a Member of the House of Representatives-One hundred dollars,

in legal tender or in a banker's cheque.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 74.
Form of consent to act.

SECT

74. The consent of the person nominated to act if elected and the declaration of qualification shall be sufficient if he signs the form of consent and declaration at the foot of the nomination paper, but the Commonwealth Electoral Officer or Divisional Returning Officer receiving the nomination may accept any other form of consent and declaration whether accompanying the nomination paper or not that he deems satisfactory, and such acceptance shall be final.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 75.
Formal defects.

SECT

75. No nomination shall be rejected by reason of any formal defect or error therein if the Commonwealth Electoral Officer or Divisional Returning Officer receiving the nomination is satisfied that the provisions of this Act have been substantially complied with.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 76.
Deposit to be forfeited in certain cases.

SECT

Substituted by No. 31, 1919, s. 3; amended by No. 14, 1922, s. 5.
76. The deposit made by or on behalf of a candidate at a Senate election or at a House of Representatives election shall be retained pending the election, and after the election shall be returned to the candidate, or to some person authorized by him in writing to receive it, if he is elected, or-

(a) in the case of a Senate election-

(i) if the total number of votes polled in his favour as first preferences is more than one-tenth of the average number of first preference votes polled by the successful candidates in the election; or

(ii) where the name of the candidate is included in a group in pursuance of section seventy-two A of this Act, if the average number of votes polled in favour of the candidates included in the group as first preferences is more than one-tenth of the average number of first preference votes polled by the successful candidates in the election; or

(b) in the case of a House of Representatives election, if the total number of votes polled in his favour as first preferences is more than one-fifth of the total number of first preference votes polled by the successful candidate in the election,
otherwise it shall be forfeited to the King.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 77.
Place of nomination.

SECT

77. (1) In elections for the Senate the place of nomination shall be stated in the writ.
Amended by No. 17, 1928, s. 4.

(2) In elections for the House of Representatives the office of the Divisional Returning Officer for the Division shall be the place of nomination therein.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 78.
Hour of nomination.

SECT

78. The hour of nomination shall be twelve o'clock noon on the day of nomination.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 79.
Declaration of nominations.

SECT

79. (1) In the case of a Senate election, the Commonwealth Electoral Officer for the State for which the election is being held shall, at the hour of nomination, attend at the place of nomination, and shall there publicly produce all nomination papers received by him, and declare the names and residences of all candidates nominated.

(2) In the case of a House of Representatives election, the Divisional Returning Officer for the Division for which the election is being held shall, at the hour of nomination, attend at the place of nomination for the Division, and shall there publicly produce all nomination papers received by him, and declare the names and residences of all candidates nominated.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 80.
Withdrawal of consent to nomination.

SECT

80. A candidate may withdraw his consent to his nomination at any time before the hour of nomination by lodging with the Commonwealth Electoral Officer for the State in the case of a Senate election, or with the Divisional Returning Officer for the Division in the case of a House of Representatives election, a notice of withdrawal in the prescribed form, and thereupon the nomination shall be cancelled, and the deposit lodged shall be returned.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 81.
Return of deposit in case of candidate's death.

SECT

81. In the case of the death of any candidate before the date of election the deposit lodged by him shall be returned to his personal representatives.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 82.
Proceedings on nomination day.

SECT

Sub-section (1) amended by No. 48, 1965, s. 7.
82. (1) In the case of a Senate election, if the number of candidates nominated is not greater than the number of candidates required to be elected, the Commonwealth Electoral Officer shall declare the candidate or candidates nominated duly elected.

(2) In the case of a House of Representatives election, if one candidate only is nominated, the Divisional Returning Officer shall declare that candidate duly elected.

(3) If in any election the number of candidates nominated is greater than the number required to be elected, the proceedings shall, subject to the provisions of this Act, and the regulations relating to voting before polling day, stand adjourned to polling day.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 83.
Death of candidate after nomination.

SECT

Substituted by No. 17, 1928, s. 5.
83. (1) If after the nominations for an election for the Senate have been declared and before polling day any candidate dies and the candidates remaining are not greater in number than the candidates required to be elected, they shall forthwith be declared to be elected and the writ returned.

(2) If after the nominations for an election for the House of Representatives have been declared, and before polling day, any candidate dies, the election shall be deemed to have wholly failed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 84.
Failure of election.

SECT

Sub-section (1) amended by No. 17, 1928, s. 6.
84. (1) Whenever an election wholly or partially fails a new writ shall forthwith be issued for a supplementary election:

Provided that where the election has failed in consequence of the death of a candidate after the declaration of the nominations and before polling day, the supplementary election shall be held upon the roll which was prepared for the purpose of the election which failed.

(2) An election shall be deemed to have wholly failed if no candidate is nominated or returned as elected.

(3) An election shall be deemed to have partially failed whenever one or more candidates is returned as elected, but not the full number required to be elected.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 85.
Application for a postal vote certificate and postal ballot-paper.

SECT

PART XII-VOTING BY POST

Sub-section (1) amended by No. 31, 1919, s. 4; No. 17, 1928, s. 7; No. 26, 1961, s. 10; and No. 32, 1966, s. 4.
85. (1) An elector who-

(a) will not throughout the hours of polling on polling day be within the State for which he is enrolled;

(b) will not throughout the hours of polling day be within five miles by the nearest practicable route of any polling booth open in the State for which he is enrolled for the purposes of an election;

(bb) will throughout the hours of polling on polling day be travelling under conditions which will preclude him from voting at any polling booth in the State for which he is enrolled;

(c) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote, or, in the case of a woman, will by approaching maternity be precluded from attending at any polling booth to vote;

(d) is, by reason of his membership of a religious order or his religious beliefs-

(i) precluded from attending at a polling booth; or

(ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours; or

(e) is an elector by virtue of section thirty-nine A of this Act,
may make application for a postal vote certificate and postal ballot-paper.
Substituted by No. 10, 1949, s. 6; amended by No. 106, 1952, s. 3; No. 26, 1961, s. 10; No. 70, 1965, s. 3; and No. 32, 1966, s. 4.

(2) The application may be in the prescribed form and must-

(a) contain a declaration by the applicant setting out the grounds upon which he applies for a postal vote certificate and postal ballot-paper;

(ab) in the case of an applicant who is an elector by virtue of section thirty-nine A of this Act-contain a declaration by the applicant setting out the grounds upon which, by virtue of that section, he is entitled to vote at the election;

(b) be signed by the applicant in his own handwriting in the presence of an elector (or, if the applicant is outside Australia, in the presence of one of the persons specified in sub-section (1A) of section ninety-one B of this Act); and

(c) be made after the tenth day prior to the issue of the writ for the election to the Divisional Returning Officer for the Division for which the applicant is enrolled or-

(i) if the applicant has reason to believe he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at the election-to some other Divisional Returning Officer or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2) of section twenty-six of this Act;

(ii) if the applicant is enrolled for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2) of section twenty-six of this Act-to the Registrar for that Subdivision;

(iii) if the applicant is temporarily within the Australian Capital Territory-to the Returning Officer for that Territory;

(iv) if the applicant is temporarily within the Northern Territory of Australia-to the Returning Officer for that Territory; or

(v) if the applicant is temporarily outside Australia-to an Assistant Returning Officer at a place outside Australia.
Substituted by No. 26, 1961, s. 10.

(2A) An application shall be deemed not to have been duly made if it reaches the officer to whom it is made-

(a) where the officer is at a place in Australia after eight o'clock in the evening of polling day reckoned according to standard or legal time at that place; or

(b) in any other case-after the close of the poll for the election.
Amended by No. 93, 1966, s. 3.

(3) 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, or in the declaration contained in such application.

Penalty: One hundred dollars, or imprisonment for one month.
Inserted by No. 19, 1940, s. 8; amended by No. 10, 1949, s. 6.

(4) The word ''elector'' in sub-section (2) of this section, and in section eighty-seven of this Act, includes any person whose name appears on the roll of electors for the Australian Capital Territory or on the roll of electors for the Northern Territory.
Section 86 repealed by No. 17, 1928, s. 8.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 87.
Duty of witnesses.

SECT

Sub-section (1) amended by No. 17, 1928, s. 9; No. 10, 1949, s. 7; and No. 93, 1966, s. 3.
87. (1) An elector or other person 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 knows that the statements contained in the application are true, or has satisfied himself by inquiry from the applicant or otherwise that the statements contained in the application are true.

Penalty: One hundred dollars, or imprisonment for one month.
Amended by No. 17, 1928, s. 9; and No. 10, 1949, s. 7.

(2) The elector or other person witnessing the application shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the date.
Sub-section (3) omitted by No. 10, 1949, s. 7.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 87A.
Penalty for inducing elector to apply for postal vote.

SECT

Inserted by No. 10, 1949, s. 8; amended by No. 93, 1966, s. 3.
87A. A person shall not persuade or induce, or associate himself with a person in persuading or inducing, an elector to make application for a postal vote certificate and postal ballot-paper.

Penalty: One hundred dollars or imprisonment for one month.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 88.
Issue of certificate and ballot-papers.

SECT

Sub-section(1) amended by No. 14, 1922, s. 8; No. 19, 1940, s. 9; No. 10, 1949, s. 9; and No. 106, 1952, s. 4.
88. (1) The Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer who receives the application if he is satisfied that it is properly signed by the applicant elector and is properly witnessed, shall deliver or post to the elector a postal vote certificate printed on an envelope addressed to the Divisional Returning Officer for the Division for which the applicant declares that he is enrolled, and one postal ballot-paper for a Senate election, and one postal ballot-paper for a House of Representatives election, or either as the case requires.
Inserted by No. 106, 1952, s. 4; amended by No. 26, 1961, s. 11.

(1A) Notwithstanding anything contained in the last preceding sub-section, where the application is received after six o'clock in the afternoon of the day preceding polling day, reckoned according to the relevant standard or legal time as ascertained under the next succeeding sub-section, the Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer, as the case may be, shall not post to the elector a postal vote certificate or a postal ballot-paper.
Inserted by No. 26, 1961, s. 11.

(1B) For the purposes of the last preceding sub-section, the relevant standard or legal time, in relation to an application, is-

(a) where the officer who receives the application is at a place in Australia-standard or legal time at that place; or

(b) in any other case-standard or legal time in the State or Territory in which the election is to be held.

(2) The postal vote certificate, and postal ballot-papers for a Senate election and for a House of Representatives election respectively, may be in the prescribed form.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 89.
Inspection of applications.

SECT

89. (1) All applications for postal vote certificates and postal ballot-papers received by a Divisional Returning Officer shall, if they relate to the Division for which he is Divisional Returning Officer, be kept by him, or if they relate to another Division, shall, after being indorsed by him with the date of the issue of the postal vote certificate and postal ballot-paper, forthwith be sent by him to the Divisional Returning Officer for that Division.
Sub-section (1A) inserted by No. 19, 1940, s. 10; omitted by No. 10, 1949, s. 10.
* * * * * * * *
Substituted by No. 106, 1952, s. 5.

(2) An application for a postal vote certificate and postal ballot-paper received by-

(a) a Registrar;

(b) the Returning Officer for the Australian Capital Territory or the Returning Officer for the Northern Territory of Australia; or

(c) an Assistant Returning Officer at a place outside Australia,
shall, after being indorsed with the date of the issue of the postal vote certificate and postal ballot-paper, forthwith be sent to the Divisional Returning Officer for the Division to which it relates.
Substituted by No. 10, 1949, s. 10.

(3) All applications for postal vote certificates and postal ballot-papers shall be open to public inspection at all convenient times during office hours from and including the third day after polling day until the election can be no longer questioned.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 90.
Numbering of applications and certificates.

SECT

Amended by No. 19, 1940, s. 11; No. 10, 1949, s. 11; and No. 106, 1952, s. 6.
90. (1) The Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer shall number all applications for postal vote certificates and postal ballot-papers received by him in consecutive order and shall number each postal vote certificate with a number corresponding with the number on the application.

(2) The Divisional Returning Officer, Registrar, Returning Officer or Assistant Returning Officer shall initial on the back all postal ballot-papers issued. The initials should be placed in such a position as to be easily seen when the ballot-paper is folded so as to conceal the vote.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 91.
Returning officer to notify issue of postal vote certificate and postal
ballot-papers.

SECT

Sub-section (1) amended by No. 32, 1966, s. 5.
91. (1) The Returning Officer for the Division in respect of which postal vote certificates and postal ballot-papers have been issued shall, if there is time conveniently to do so, note on the certified lists of voters the names of all electors to whom postal vote certificates and postal ballot-papers have been issued, other than such electors who are electors by virtue of section thirty-nine A of this Act.

(2) If there is not time conveniently to note on the proper certified list of voters the issue of a postal vote certificate and postal ballot-paper, the Divisional Returning Officer shall immediately advise the presiding officer to whom the certified list of voters has been furnished of the issue of the postal vote certificate and postal ballot-paper.
Amended by No. 48, 1965, s. 8.

(3) An elector to whom a postal vote certificate and postal ballot-paper has been issued shall not be entitled to vote at any polling booth unless he first delivers to the presiding officer for cancellation his postal vote certificate and postal ballot-paper.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 91A.
Person claiming to vote, whose name is noted under s. 91.

SECT

Inserted by No. 14, 1922, s. 9.
Sub-section (1) amended by No. 17, 1928, s. 10.
91A. (1) Notwithstanding anything contained in the last preceding section where a person, whose name has been noted on the certified list of voters used at a polling place prescribed for the subdivision for which he is enrolled, as an elector to whom a postal vote certificate and postal ballot-paper have been issued, claims to vote in an election at that polling place and states, when requested to deliver to the presiding officer for cancellation his postal vote certificate and postal ballot-paper, that he has not received a postal vote certificate or a postal ballot-paper, he may, subject to sections thirty-nine and one hundred and fifteen and the regulations, be permitted to vote, if he makes a declaration in the prescribed form before the presiding officer at the polling place.
Amended by No. 17, 1928, s. 10.

(2) The ballot-paper of a voter voting under this section shall be dealt with as prescribed by the regulations:

Provided that no such ballot-paper shall be scrutinized unless the Divisional Returning Officer is satisfied that the voter is entitled to vote in the election, and that a postal vote certificate or postal ballot-paper has not been received by him.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 91B.
Authorized witnesses.

SECT

Sub-section (1) substituted by No. 48, 1965, s. 9.
91B. (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.
Inserted by No. 48, 1965, s. 9.

(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.

(2) No person who is a candidate at any election shall be an authorized witness at that election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 92.
Directions for postal voting.

SECT

Sub-section (1) amended by No. 17, 1928, s. 12; and No. 10, 1949, s. 13.
92. (1) The following directions for regulating voting by means of postal ballot-papers are to be substantially observed:-

(a) The elector shall exhibit his postal ballot-paper (unmarked) and his postal vote certificate to an authorized witness;

(b) The elector shall then and there, 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;

(c) The authorized witness shall then and there 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;

(d) The elector shall then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper in the prescribed manner, fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope;

(e) The elector shall forthwith post or deliver the envelope, or cause it to be posted or delivered, to the Divisional Returning Officer;

(f) If the elector's sight is so impaired that he cannot vote without assistance, a person appointed by the elector shall mark the elector's vote on the ballot-paper in the presence of the authorized witness, and shall then and there fold the ballot-paper so that the vote cannot be seen, place it in the envelope addressed to the Divisional Returning Officer, fasten the envelope, and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Divisional Returning Officer:

Provided that if no person is appointed by the elector, the authorized witness, if so requested by the elector, shall take the action required by this paragraph to be taken by a person appointed by the elector;

(g) The authorized witness shall not, unless the elector's sight is so impaired that he cannot vote without assistance and no person is appointed by the elector to mark his vote for him, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (f) of this section, 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.
Added by No. 17, 1928, s. 12; amended by No. 19, 1940, s. 13; and No. 48, 1965, s. 10.

(2) Notwithstanding anything contained in this section, in any case in which a postal ballot-paper, if posted prior to the close of the poll, as provided in paragraph (e) or paragraph (f) of sub-section (1) of this section, would not reach the Divisional Returning Officer for the Division in respect of which the elector claims to vote, before the end of the period of ten days immediately succeeding the close of the poll, or, if delivered as provided in paragraph (e) or paragraph (f) of that sub-section, would not reach that Divisional Returning Officer before the close of the poll, the envelope in which the ballot-paper is enclosed may be addressed to, and posted or delivered to, any other Divisional Returning Officer or to an Assistant Returning Officer, or may be delivered on polling day to any presiding officer, and the Divisional Returning Officer, Assistant Returning Officer, or the presiding officer, as the case may be, shall deal with it in the prescribed manner.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 93.
Duty of authorized witness.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
93. (1) Every authorized witness shall-

(a) comply with the preceding section in so far as it is to be complied with on his part;

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

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

Penalty: Two hundred dollars, or imprisonment for three months.
Added by No. 9, 1934, s. 7; amended by No. 93, 1966, s. 3.

(2) An authorized witness shall not influence, or attempt to influence, in any way, the vote of an elector voting by post before him.

Penalty: Two hundred dollars or imprisonment for six months.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 93A.
Penalty for unlawfully marking postal ballot-paper.

SECT

Inserted by No. 14, 1922, s. 10; amended by No. 17, 1928, s. 13; and No. 93, 1966, s. 3.
93A. No person other than-

(a) the elector to whom the postal ballot-paper has been issued, or

(b) a person appointed by the elector or an authorized witness, acting in pursuance of paragraph (f) of section ninety-two of this Act, assisting an elector whose sight is so impaired that he cannot vote without assistance,
shall mark a vote upon the ballot-paper.

Penalty: Two hundred dollars or imprisonment for six months.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 93B.
Unlawfully opening postal ballot-paper.

SECT

Inserted by No. 14, 1922, s. 10; amended by No. 19, 1940, s. 14; No. 10, 1949, s. 14; and No. 93, 1966, s. 3.
93B. No person other than the Returning Officer for the Division in respect of which a postal ballot-paper has been issued or an officer acting under his directions shall open the envelope in which the postal ballot-paper has been placed pursuant to pararaph (d) or paragraph (f) of sub-section (1) of section ninety-two of this Act and which has been fastened by the elector or a person appointed by the elector in accordance with the provisions of whichever of those paragraphs is applicable to the case.

Penalty: One hundred dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 94.
Penalty for failure to post or deliver postal ballot-paper.

SECT

Amended by No. 17, 1928, s. 14; No. 19, 1940, s. 15; No. 10, 1949, s. 15; and No. 93, 1966, s. 3.
94. Any person to whom an application for a postal vote certificate and postal ballot-paper or an envelope containing or purporting to contain a postal ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Divisional Returning Officer, a Registrar, a Returning Officer or an Assistant Returning Officer or delivery to a presiding officer, and who fails to forthwith post or deliver the application or envelope shall be guilty of an offence.

Penalty: One hundred dollars, or imprisonment for one month.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 94A.
Penalty for inducing elector to hand over postal ballot-paper.

SECT

Inserted by No. 10, 1949, s. 16; amended by No. 93, 1966, s. 3.
94A. A person shall not persuade or induce an elector to hand over to him a postal ballot-paper upon which a vote has been recorded.

Penalty: One hundred dollars or imprisonment for one month.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 95.
Duty of persons present when an elector votes by post.

SECT

Amended by No. 17, 1928, s. 15; and No. 93, 1966, s. 3.
95. 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; and

(b) except as provided in paragraph (f) of section ninety-two in the case of persons whose sight is impaired-

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

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

(iii) refrain from looking at the elector's vote or from doing anything whereby he may become acquainted with the elector's vote.

Penalty: Two hundred dollars, or imprisonment for three months.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 96.
Preliminary scrutiny of postal ballot-papers.

SECT

Amended by No. 17, 1928, s. 16; No. 19, 1940, s. 16; No. 10, 1949, s. 17; No. 48, 1965, s. 11; and No. 32, 1966, s. 6.
96. At the scrutiny the Divisional Returning Officer shall produce all applications for postal vote certificates and postal ballot-papers, and shall produce unopened all envelopes containing postal votes received up to the end of the period of ten days immediately succeeding the close of the poll by him, or received up to the close of the poll by any other Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub-section (2) of section ninety-two of this Act, and shall-

(a) compare the signature of the elector on each postal vote certificate with the signature of the same elector on the application for the certificate, and allow the scrutineers to inspect both signatures;

(b) if satisfied that the signature on the certificate is that of the elector who signed the application for the certificate and that the signature purports to be witnessed by an authorized witness, and that the vote contained in the envelope was recorded prior to the close of the poll, and that the elector is enrolled for the Division, accept the ballot-paper for further scrutiny, but, if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained;

(ba) if not satisfied, in the case of a person purporting to be an elector by virtue of section thirty-nine A of this Act, that he is an elector by virtue of that section, disallow the ballot-paper without opening the envelope in which it is contained;

(c) withdraw from the envelopes bearing the postal vote certificates all postal ballot-papers accepted for further scrutiny, and, without inspecting or unfolding the ballot-papers or allowing any other person to do so, place them in a locked and sealed ballot-box by themselves for further scrutiny;

(d) seal up in separate parcels and preserve-

(i) all envelopes bearing postal vote certificates relating to postal ballot-papers accepted for further scrutiny, and

(ii) all unopened envelopes containing postal ballot-papers disallowed; and

(e) proceed with the scrutiny of the postal ballot-papers which have been accepted for further scrutiny.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 97.
Mistakes.

SECT

97. A postal vote shall not be rejected because in the case of any candidate his surname only has been written thereon if no other candidate has the same surname, or by reason of any mistake in spelling where the elector's intention is clear.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 98.
Returning officer to make arrangements.

SECT

PART XIII-THE POLLING
98. (1) If the proceedings on the day of nomination stand adjourned to polling day, the Returning Officer shall immediately make all necessary arrangements for taking the poll, and in particular shall-

(a) appoint a presiding officer to preside at each polling place and all necessary assistant presiding officers, poll clerks and doorkeepers;

(b) provide and furnish proper polling booths and ballot-boxes; and

(c) provide ballot-papers and all necessary certified lists of voters.

(2) In any emergency on polling day due to the absence of any assistant presiding officer, poll clerk, or doorkeeper, or to any unforeseen and continued pressure at the polling which cannot be met by the duly appointed officers, the presiding officer may appoint any person to act as assistant presiding officer, poll clerk, or doorkeeper, and the person so appointed or acting shall be deemed to have been duly appointed if the Divisional Returning Officer afterwards ratifies the appointment by appointing that person to be assistant presiding officer, poll clerk, or doorkeeper, as the case may be.

(3) No person under the age of twenty-one years shall be appointed to be a presiding officer or assistant presiding officer.

(4) Any assistant presiding officer may, subject to the direction of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 99.
Substitute.

SECT

99. Any presiding officer may appoint a substitute to perform his duties during his temporary absence, and such substitute may, while so acting, exercise all the powers of the presiding officer, and shall, in the exercise of those powers, be deemed to be the presiding officer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 100.
No licensed premises to be used.

SECT

100. No part of any premises licensed for the sale of intoxicating liquor shall be used for the purpose of any polling booth.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 101.
Separate voting compartments.

SECT

101. Polling booths shall have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot-papers, and each voting compartment shall be furnished with a pencil for the use of voters.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 102.
Ballot-boxes.

SECT

102. Each polling booth shall be provided with the necessary ballot-boxes, constructed and fitted as prescribed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 103.
Certified lists of voters.

SECT

103. The certified list of voters to be used by a presiding officer at a polling place shall be the list of the electors on the roll enrolled for the Subdivision for which the polling place is prescribed certified by the Divisional Returning Officer, and shall before the hour of commencing the poll be delivered to the presiding officer for his guidance during the polling.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 104.
Senate ballot-papers.

SECT

Substituted by No. 48, 1965, s. 12.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 105.
House of Representatives ballot-papers.

SECT

105. Ballot-papers to be used in a House of Representatives election may be in the Form F in the Schedule.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 105A.
Printing of Senate ballot-papers.

SECT

Inserted by No. 14, 1922, s. 11; amended by No. 19, 1940, s. 17; and No. 48, 1965, s. 13.
105A. Subject to the next succeeding section, in printing the ballot-papers to be used in a Senate election-

(a) the names of candidates included in groups in pursuance of section seventy-two A of this Act shall be printed in groups on the ballot-papers before the names of candidates not included in groups;

(b) subject to the provisions of section seventy-two B of this Act, the order of the names of the candidates whose names are included in a group shall be determined in the same manner, mutatis mutandis, as the order of the several groups in the ballot-papers;

(c) the order of the several groups in 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 group a slip bearing the names of the candidates in the group, enclose the respective slips in separate blank envelopes 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 therefrom one by one; and

(iv) The group comprising the candidates whose names appear on the slip enclosed in the envelope first taken from the ballot-box shall be placed first on the ballot-papers, the group comprising the candidates whose names appear 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 groups has been determined;

(d) before the square opposite the surname of each candidate in the first group in the ballot-papers there shall be printed the letter A; before the square opposite the surname of each candidate in the second group in the ballot-papers there shall be printed the letter B and so on, as the case requires;

(e) the order of the names of the candidates whose names are not included in any group shall be determined in the same manner, mutatis mutandis, as the order of the several groups in the ballot-papers;

* * * * * * * *

(g) 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

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

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 105B.
Printing of Senate ballot-papers-casual vacancy.

SECT

Inserted by No. 48, 1965, s. 14.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 106.
Ballot-papers.

SECT

Amended by No. 14, 1922, s. 12.
106. In printing the ballot-papers to be used in a House of Representatives election-

(a) the names of all candidates duly nominated shall be printed in alphabetical order according to their surnames;

(b) if there are two or more candidates of the same surname, their names shall be printed according to the alphabetical order of their christian names, or, if their christian names are the same, then according to the alphabetical order of their residences, which shall in such case be arranged and stated on the ballot-paper;

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

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

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 107.
Ballot-papers to be initialled.

SECT

107. (1) No ballot-paper shall be delivered to any voter without being first initialled by the proper officer, and an exact account shall be kept of all initialled ballot-papers.

(2) The initials of the officer shall be placed on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 108.
Scrutineers at the polling.

SECT

108. (1) Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer shall be allowed to each candidate at each polling booth or subdivision of a polling booth.

(2) Appointments of scrutineers shall be made by notice in writing or by telegram addressed to the Returning Officer or presiding officer, and such notice or telegram shall be signed by the candidate, and shall give the name and address of the scrutineer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 109.
Provision relating to scrutineers.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
109. (1) A scrutineer shall not-

(a) interfere with or attempt to influence any elector within the polling booth; or

(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his functions.

Penalty: Ten dollars.

(2) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during his absence, a relieving scrutineer may act in his place, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or subdivision of the polling booth at any one time.

(3) A scrutineer who commits any breach of this section, or who misconducts himself, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any constable or person authorized by the presiding officer to remove him.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 110.
Persons present at polling.

SECT

110. No candidate shall in any way take part in the conduct of an election, and no person, other than the presiding officer, assistant presiding officers, poll clerks, doorkeepers, and scrutineers, and the electors voting and about to vote, shall be permitted to enter or remain in the polling booth during the polling except by permission of the presiding officer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 111.
The polling.

SECT

Amended by No. 17, 1928, s. 17.
111. The polling shall be conducted as follows:-

(a) Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;

(b) The poll shall open at eight o'clock in the morning, and shall not close until all electors present in the polling booth at eight o'clock in the evening, and desiring to vote, have voted;

(c) The doors of the polling booth shall be closed at eight o'clock in the evening and no person shall be admitted after that hour to the polling booth for the purpose of voting;

(d) At the close of the poll the presiding officer shall, in the presence of the poll clerk and of any scrutineers who may be in attendance, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by this Act:

Provided that, where the scrutiny is proceeded with immediately after the close of the poll at the polling booth at which the votes are taken, it shall not be necessary for the presiding officer to publicly close, fasten, or seal the ballot-box as required by paragraph (d) of this section.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 112.
Elections at which electors are entitled to vote.

SECT

112. (1) In the case of a Senate election, an elector shall only be admitted to vote for the election of Senators for the State for which he is enrolled.

(2) In the case of a House of Representatives election, an elector shall only be admitted to vote for the election of a member for the Division for which he is enrolled.

(3) For the purposes of this section, the electoral Rolls in force at the time of the election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector, unless he shows by his answers to the questions prescribed by section one hundred and fifteen that he is not entitled to vote.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 113.
Where electors may vote.

SECT

Sub-section (1) amended by No. 31, 1919, s. 6; and No. 32, 1966, s. 7.
113. (1) On polling day, an elector (not being a person who is an elector by virtue of section thirty-nine A of this Act) shall be entitled to vote at any prescribed polling place for the Subdivision for which he is enrolled or he shall be permitted to vote at any other polling place within the State for which he is enrolled at which a polling booth is open, under and subject to the regulations relating to absent voting.

(2) The regulations relating to absent voting may prescribe all matters (not inconsistent with this Act) necessary or convenient to be prescribed for carrying this section into effect, and in particular may provide for-

(a) the forms of absent voters' ballot-papers;

(b) the manner in which votes are to be marked on absent voters' ballot-papers;

(c) the method of dealing with absent voters' ballot-papers, including the scrutiny thereof, and the counting of the votes thereon; and

(d) the grounds upon which absent voters' ballot-papers are to be rejected as informal.

(3) Absent voters' ballot-papers containing votes and enclosed in any prescribed envelope may, if so provided by the regulations, be placed in any ballot-box in use at the polling booth at which the votes were cast, but notwithstanding anything contained in this Act a prescribed envelope containing an absent voter's ballot-paper shall (unless the regulations otherwise provide) only be opened and the ballot-paper dealt with, as regards the scrutiny thereof and the counting of the votes thereon, by the Divisional Returning Officer for the Division for which the voter declares that he is enrolled.

(4) Nothing in this section shall authorize any elector to vote more than once at any election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 114.
Persons claiming to vote to give names and other particulars.

SECT

114. Every person claiming to vote at any polling booth shall state his christian name and surname, and, if so desired by the presiding officer, for the purpose of identifying the name under which the vote is claimed, any other particulars necessary to be stated in the roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 115.
Questions to be put to voter.

SECT

Substituted by No. 14, 1922, s. 13.
Sub-section (1) amended by No. 17, 1928, s. 18; No. 10, 1949, s. 18; and No. 7, 1973, s. 7.
115. (1) The presiding officer-

(a) shall put to every person claiming to vote the following questions:-

(i) Have you already voted either here or elsewhere in this election (or these elections, as the case requires)?

(ii) Is your real place of living within the Division of (here state the name of the Division in respect of which the elector claims to vote)?

(iii) (if the last preceding question is answered in the negative)-Was your real place of living at any time within the last three months within the Division of (here state the name of the Division in respect of which the elector claims to vote)? and

(b) may, and, at the request of any scrutineer shall, also put all or any of the following questions:-

(iv) Are you of the full age of eighteen years?

(v) Are you a British subject?

(vi) Are you qualified to vote? and

(c) may, and at the request of any scrutineer shall, also put to any person claiming to vote, whose name appears on the certified list of voters or on any Division roll the following question:-

(vii) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters for this polling place (or the roll for the Division of
as the case requires)?
Substituted by No. 17, 1928, s. 18.

(2) If any person claiming to vote to whom any of the foregoing questions are put-

(a) refuses to answer fully any question so put to him;

(b) does not answer question numbered (i) absolutely in the negative, when put to him;

(c) does not answer the question numbered (ii) absolutely in the affirmative when put to him, or, if he answers that question in the negative, does not answer the question numbered (iii) absolutely in the affirmative when put to him;

(d) does not answer the questions numbered (iv), (v), (vi) and (vii) absolutely in the affirmative, when put to him,
his claim to vote shall be rejected.
Sub-sections (3)-(5) omitted by No. 17, 1928, s. 18.
* * * * * * * *

(6) The voter's answer to any question put to him by the presiding officer under the authority of this section shall be conclusive, and the matter shall not, subject to this section, be further inquired into during the polling.
Added by No. 17, 1928, s. 18.

(7) In this section the words ''real place of living'' include the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 116.
Errors not to forfeit vote.

SECT

116. No omission in the Roll or in the certified list of voters of any christian name, or entry of a wrong christian name, or address, or occupation, and no mistake in the spelling of any surname, shall warrant the rejection at any polling of any claim to vote if the voter is sufficiently identified in the opinion of the presiding officer, and no female elector shall be disqualified from voting under the name appearing on the Roll because her surname has been changed by marriage.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 117.
Right of elector to receive ballot-paper.

SECT

117. (1) The presiding officer or a poll clerk shall at the polling hand to each person claiming to vote a ballot-paper duly initialled by the presiding officer-

(a) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is not challenged; or

(b) if the name under which he claims to vote is on the certified list of voters for the polling place and his right to vote is challenged, and his answers to the prescribed questions show that he is entitled to vote; or

(c) if he claims to vote under the regulations relating to absent voting and complies with those regulations.

(2) The presiding officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote, and shall keep a record thereof.

(3) If the presiding officer puts to any person all or any of the prescribed questions, his right to vote shall be deemed to have been challenged.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 118.
List of voters to be marked on ballot-paper being issued.

SECT

118. Immediately upon handing the ballot-paper to the person claiming to vote, the presiding officer or a poll clerk shall place a mark against the person's name on the certified list of voters if his name is on that list.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 119.
Vote to be marked in private.

SECT

119. Except as otherwise prescribed the voter upon receipt of the ballot-paper shall without delay-

(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper in the manner hereinafter described;

(b) fold the ballot-paper so as to conceal his vote and to show clearly the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box; and

(c) quit the booth.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 120.
Assistance to certain voters.

SECT

Substituted by No. 17, 1928, s. 19.
120. (1) If any voter satisfies the presiding officer that his sight is so impaired or that he is so physically incapacitated that he is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter's ballot-paper for him.

(2) If any such voter fails to appoint a person in pursuance of the last preceding sub-section, or if any voter satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer, in the presence of such scrutineers as are present, or, if there be no scrutineers present, then in the presence of-

(a) the poll clerk; or

(b) if the voter so desires, in the presence of a person appointed by such voter, instead of the poll clerk,
shall mark, fold, and deposit his ballot-paper for him.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 121.
Vote of person whose name is not on certified list or has been struck out of
certified list, or is on roll and cannot be found.

SECT

Sub-section (1) amended by No. 17, 1928, s. 20; and No. 26, 1961, s. 12.
121. (1) Notwithstanding anything contained in this Act, when any person who is entitled to be enrolled on the Roll for a Subdivision claims to vote at an election at a polling place prescribed for that Subdivision, and his name has been omitted from or struck out of the certified list of voters for that polling place owing to an error of an officer or a mistake of fact or when any person who is enrolled on the Roll for a Subdivision claims to vote at an election at a polling place prescribed for that Subdivision, and his name cannot be found by the presiding officer on the certified list of voters, he may, subject to this Act and the regulations, be permitted to vote if-

(a) in the case of a person whose name has been omitted from the certified list-

(i) he sent or delivered to the Registrar for the Subdivision a duly completed claim for enrolment or transfer of enrolment, as the case requires, in respect of the Subdivision, and the claim was received by the Registrar before the issue of the writ for the election; and

(ii) he did not after sending or delivering the claim and before the issue of the writ become qualified for transfer of enrolment to another Subdivision; or

(b) in the case of a person whose name has been struck out of the certified list-

(i) his name was not, to the best of his knowledge, removed from the Roll for the Subdivision owing to objection, or transfer or duplication of enrolment, or disqualification; and

(ii) he had, from the time of his enrolment for the Subdivision to the date of the issue of the writ for the election, continuously retained his right to enrolment for that Subdivision; or

(c) in the case of a person whose name is on the Roll for a Subdivision for which he claims to vote, but cannot be found by the presiding officer, he claims that his name appears or should appear on the Roll,
and makes a declaration in the prescribed form before the presiding officer at the polling place.

(2) Where a voter claims to vote under the provisions of this section he shall mark and fold his ballot-paper in the manner prescribed in this Act and return it so folded to the presiding officer.

(3) The presiding officer shall thereupon, in the presence of the voter and of such scrutineers as are present, and without unfolding the ballot-paper, enclose it in an envelope bearing the declaration of the voter and addressed to the Returning Officer for the Division for which the voter claims to be entitled to vote, and shall forthwith securely fasten the envelope and deposit it in the ballot-box.

(4) The Assistant Returning Officer who is authorized under the provisions of this Act to open the ballot-box shall without opening the envelope forthwith transmit it to the Divisional Returning Officer for the Division for which the voter claims that he is entitled to vote.
Amended by No. 17, 1928, s. 20.

(5) The Divisional Returning Officer, on receipt of the envelope containing the ballot-paper as aforesaid, shall, before opening the envelope or allowing any other person to do so, examine the declaration of the voter, and, if it is in order and he is satisfied, after making such inquiry as may be necessary, that the voter is a person to whom paragraph (a), (b) or (c) of sub-section (1) of this section applies, shall deal with the ballot-paper in the manner prescribed in connexion with the scrutiny of absent voters' ballot-papers, and forthwith direct that such correction (if any) as is necessary be made in the Roll by the Registrar, and the correction shall be made accordingly.
Added by No. 14, 1922, s. 14.

(6) Where the claim of any person to vote under this section is refused the presiding officer shall make a note in writing of the fact of the claim and the reasons for the refusal thereof, and the presiding officer and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 121A.
Voter claiming to vote whose name on roll has been marked.

SECT

Inserted by No. 14, 1922, s. 15.
121A. (1) Notwithstanding anything contained in this Act where a voter, against whose name on the certified list of voters used at a polling place prescribed for the Subdivision for which he is enrolled a mark has been placed, in accordance with section one hundred and eighteen, claims to vote in an election at that polling place he may, subject to sections thirty-nine and one hundred and fifteen and the regulations, be permitted to vote if he makes a declaration in the prescribed form before the presiding officer at the polling place.

(2) The ballot-paper of a voter voting under this section shall be dealt with as prescribed by the regulations:

Provided that no such ballot-paper shall be scrutinized or counted unless the Divisional Returning Officer is satisfied that the voter is entitled to vote in the election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 122.
Spoilt ballot-papers.

SECT

122. If any voter before depositing his ballot-paper in the ballot-box satisfies the presiding officer that he has spoilt the ballot-paper by mistake or accident, he may, on giving it up, receive a new ballot-paper from the presiding officer, who shall there and then cancel the spoilt ballot-paper, and deal with it as prescribed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 123.
Marking of votes in a Senate election.

SECT

Sub-section (1) amended by No. 31, 1919, s. 7; and No. 9, 1934, s. 8.
123. (1) In a Senate election a voter shall mark his vote on his ballot-paper as follows:-

(a) Where his ballot-paper is a ballot-paper in accordance with Form E in the Schedule-he shall place the number 1 in the square opposite the name of the candidate for whom he votes as his first preference, and shall place the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them;

(b) where he votes at a polling place on polling day in accordance with the regulations relating to absent voting-in the manner prescribed by those regulations; and

(c) where he votes by post under the provisions of Part XII of this Act-in the manner prescribed by the regulations relating to voting by post.
Omitted by No. 31, 1919, s. 17; inserted by No. 9, 1934, s. 8.

(2) Where a candidate dies between the date of nomination and polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot-paper shall not be informal by reason only-

(a) of the inclusion on the ballot-paper of the name of the deceased candidate;

(b) of the marking of any consecutive number opposite that name; or

(c) of the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 124.
Marking of votes in a House of Representatives election.

SECT

124. In a House of Representatives election a voter shall mark his vote on his ballot-paper as follows:-

(a) where his ballot-paper is a ballot-paper in accordance with Form F in the Schedule-he shall place the number 1 in the square opposite the name of the candidate for whom he votes as his first preference, and shall give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite their names so as to indicate the order of his preference for them;

(b) where he votes at a polling place on polling day in accordance with the regulations relating to absent voting-he shall mark his vote on his ballot-paper in the manner prescribed by those regulations; and

(c) where he votes by post under the provisions of Part XII of this Act-he shall mark his vote on his ballot-paper in the manner prescribed by the regulations relating to voting by post.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 125.
Adjournment of polling.

SECT

Substituted by No. 48, 1965, s. 15.
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.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 126.
Adjournment in other cases.

SECT

126. If from any cause any polling booth at a polling place is not opened on polling day the presiding officer may adjourn the polling for a period not exceeding twenty-one days, and shall forthwith give public notice of the adjournment.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 127.
Voting at adjourned polling.

SECT

Substituted by No. 14, 1922, s. 16.
127. Where for any reason the polling is adjourned at any polling place, those electors only-

(a) who are enrolled for the Subdivision for which the polling place is prescribed; or

(b) who are, by virtue of section one hundred and twenty-one of this Act, entitled to vote as electors of that Subdivision,
and who have not already voted, shall be entitled to vote at the adjourned polling at that polling place.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 128.
Arrangement where elections held in some Divisions only.

SECT

128. Where an election is being held for any Division, it shall not be necessary to open polling booths at the polling places for any Division for which no election is being held.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 128A.
Compulsory voting.

SECT

Inserted by No. 10, 1924, s. 2.
128A. (1) It shall be the duty of every elector to record his vote at each election.
Amended by No. 17, 1928, s. 21.

(2) It shall be the duty of each Divisional Returning Officer at the close of each election to prepare a list of the names and descriptions of the electors enrolled for his Division who have not voted at the election, and to certify the list by statutory declaration under his hand.

(3) The list so certified shall in all proceedings be prima facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the election.
Amended by No. 17, 1928, s. 21.

(4) Within the prescribed period after the close of each election the Divisional Returning Officer shall send by post to each elector whose name appears on the list prepared in accordance with sub-sections (1) and (2) of this section, at the address mentioned in that list, a notice, in the prescribed form, notifying the elector that he appears to have failed to vote at the election, and calling upon him to give a valid truthful and sufficient reason why he failed so to vote:

Provided that the Divisional Returning Officer need not send a notification in any case where he is satisfied that the elector-

(a) is dead; or

(b) was absent from the Commonwealth on polling day; or

(c) is known to the Divisional Returning Officer to have been ineligible to vote at the election.

(5) Before sending any such notice, the Divisional Returning Officer shall insert therein a date, not being less than twenty-one days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the Divisional Returning Officer.

(6) Every elector to whom a notice under this section has been sent shall fill up the form at the foot of the notice by stating in it the true reason why he failed so to vote, sign the form, and post it so as to reach the Divisional Returning Officer not later than the date inserted in the notice.

(7) If any elector is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form, within the time allowed under sub-section (5) of this section, any other elector who has personal knowledge of the facts may, subject to the regulations, fill up, sign, and post the form, duly witnessed, within that time, and the filling up, signing, and posting of the form may be treated as compliance by the first-mentioned elector with the provisions of sub-section (6) of this section.
Amended by No. 17, 1928, s. 21.

(8) Upon receipt of a form referred to in either of the last two preceding sub-sections, the Divisional Returning Officer shall indorse on the list prepared in accordance with sub-section (2) of this section, opposite the name of the elector, his opinion whether or not the reason contained in the form is a valid and sufficient reason for the failure of the elector to vote.
Amended by No. 17, 1928, s. 21.

(9) The Divisional Returning Officer shall also indorse on the list, opposite the name of each elector to whom a notice under this section has been sent and from or on behalf of whom a form properly filled up signed and witnessed has not been received by him, a note to that effect.
Sub-section (10) omitted by No. 17, 1928, s. 21.
* * * * * * * *
Amended by No. 17, 1928, s. 21.

(11) The list prepared and indorsed by the Divisional Returning Officer, indicating-

(a) the names of the electors who did not vote at the election;

(b) the names of the electors from whom or on whose behalf the Divisional Returning Officer received, within the time allowed under sub-section (5) of this section, forms properly filled up and signed; and

(c) the names of the electors who failed to reply within that time,
and any extract therefrom, certified by the Divisional Returning Officer under his hand, shall in all proceedings be prima facie evidence of the contents of such list or extract, and of the fact that the electors whose names appear therein did not vote at the election, and that the notice specified in sub-section (4) of this section was received by those electors, and that those electors did, or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed under sub-section (5) of this section.
Amended by No. 17, 1928, s. 21; No. 48, 1965, s. 16; and No. 93, 1966, s. 3.

(12) Every elector who-

(a) fails to vote at an election without a valid and sufficient reason for such failure; or

(b) on receipt of a notice in accordance with sub-section (4) of this section, fails to fill up, sign, and post within the time allowed under sub-section (5) of this section the form (duly witnessed) which is attached to the notice; or

(c) states in such form a false reason for not having voted, or, in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, in pursuance of sub-section (7) of this section, states in such form a false reason why that other elector did not vote,
shall be guilty of an offence.

Penalty: Not less than Two dollars and not more than Ten dollars.

(13) Proceedings for an offence against this section shall not be instituted except by the Chief Electoral Officer or an officer thereto authorized in writing by the Chief Electoral Officer.
Added by No. 32, 1966, s. 8.

(14) In this section, '' elector '' does not include a person who is an elector by virtue of section thirty-nine A of this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 129.
Scrutiny.

SECT

PART XIV-THE SCRUTINY
129. The result of the polling shall be ascertained by scrutiny.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 130.
Scrutineers at scrutiny.

SECT

Substituted by No. 26, 1961, s. 13.
130. (1) A candidate may appoint scrutineers to represent him at the scrutiny.

(2) Except as provided by the next succeeding sub-section, a candidate is not entitled to be represented at the scrutiny at a particular polling booth by more than one scrutineer.

(3) The officer who is to conduct, or is conducting, the scrutiny at a polling booth may, subject to any directions given to him from time to time by the Chief Electoral Officer for the Commonwealth, the Commonwealth Electoral Officer for the State in which the polling booth is situated or the Divisional Returning Officer in whose Division the polling booth is situated, permit each candidate to be represented at the scrutiny at the polling booth by scrutineers not exceeding in number such number as that first-mentioned officer determines.

(4) The appointment of a scrutineer under this section to represent a candidate at a polling booth-

(a) shall be made by notice in writing signed by the candidate, or by telegram signed by the candidate before it is tendered for transmission, given or sent to the officer who is to conduct, or is conducting, the scrutiny at the polling booth; and

(b) shall specify the name and address of the scrutineer.

(5) In this section, '' polling booth '' includes any place at which a scrutiny is to be, or is being, conducted.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 131.
Scrutiny, how conducted.

SECT

131. The scrutiny shall be conducted as follows:-

(a) It shall commence as soon as practicable after the closing of the poll;

(b) Such scrutineers as have been duly appointed pursuant to the preceding section, and any persons approved by the officer conducting the scrutiny, may be present;

(c) All the proceedings at the scrutiny shall be open to the inspection of the scrutineers;

(d) The scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 132.
Action on objections to ballot-papers.

SECT

132. (1) If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper ''admitted'' or ''rejected'' according to his decision to admit or reject the ballot-paper.

(2) Nothing in this section shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 133.
Informal ballot-papers.

SECT

Sub-section (1) amended by No. 31, 1919, s. 8; No. 14, 1922, s. 17; No. 9, 1934, s. 9; and No. 19, 1940, s. 18.
133. (1) A ballot-paper shall (except as otherwise provided by section one hundred and twenty-three of this Act, and by the regulations relating to absent voting on polling day or to voting by post) be informal if-

(a) it is not authenticated by the initials of the presiding officer, or by an official mark as prescribed;

(b) in a Senate election, it has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and the order of his preference for all the remaining candidates:

Provided that, where the voter has indicated his first preference for one candidate and his consecutive preferences for all the remaining candidates except one and the square opposite the name of that candidate has been left blank, it shall be deemed that the voter's preference for that candidate is his last and that accordingly he has indicated the order of his preference for all the candidates;

(c) in a House of Representatives election, it has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and his contingent votes for all the remaining candidates:

Provided that, where the voter has indicated his first preference for one candidate and his contingent votes for all the remaining candidates except one and the square opposite the name of that candidate has been left blank, it shall be deemed that the voter's preference for that candidate is his last and that accordingly he has indicated the order of his preference for all the candidates:

Provided further that, where there are two candidates only and the voter has indicated his vote by placing the figure 1 in the square opposite the name of one candidate and has left the other square blank, the voter shall be deemed to have indicated the order of his preference for all the candidates; or

(d) it has upon it any mark or writing (not authorized by this Act or the regulations to be put upon it) by which, in the opinion of the Returning Officer, the voter can be identified:

Provided that paragraph (d) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of this Act.

(2) A ballot-paper shall not be informal for any reason other than the reasons specified in this section, but shall be given effect to according to the voter's intention so far as his intention is clear.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 134.
Officers not to mark ballot-papers so that voter can be identified.

SECT

Amended by No. 93, 1966, s. 3.
134. Except as authorized by this Act or the regulations, an officer shall not place upon any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty: Twenty dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 135.
Scrutiny of votes in Senate elections.

SECT

Substituted by No. 31, 1919, s. 9; amended by No. 14, 1922, s. 18; No. 17, 1928, s. 22; No. 9, 1934, s. 10; and No. 17, 1948, s. 3.
135. In a Senate election the scrutiny shall, subject to the provisions of section ninety-one A, section one hundred and twenty-one and section one hundred and twenty-one A of this Act and of the regulations relating to absent voting and to voting by post, be conducted in the manner following:-

(1) Each Assistant Returning Officer shall, in the presence of an Assistant Presiding Officer or a Poll Clerk, and of such authorized scrutineers as may attend-

(a) open all ballot-boxes received from polling places within or for that portion of the Division in which he exercises his powers;

(b) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;

(c) count the first preference votes given for each candidate on all unrejected ballot-papers;

(d) make out and sign a statement (which may be countersigned by an Assistant Presiding Officer or a Poll Clerk, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers, and certify by indorsement on the copy of the writ received by him the like particulars;

(e) place in a separate parcel all the ballot-papers which have been rejected as informal;

(f) transmit the following information, by telegram or in some other expeditious manner, to the Divisional Returning Officer:-

(i) the number of first preference votes given for each candidate; and

(ii) the total number of ballot-papers rejected as informal;

(g) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

(h) transmit the parcels to the Divisional Returning Officer with the least possible delay, together with the statement specified in paragraph (d) of this sub-section, and the copy of the writ indorsed in accordance with that paragraph.

(2) The Divisional Returning Officer shall open all ballot-boxes not opened by an Assistant Returning Officer, and shall conduct the scrutiny of the ballot-papers contained therein in the manner aforesaid as far as applicable.
Amended by No. 14, 1922, s. 18; and No. 17, 1928, s. 22.

(3) The Divisional Returning Officer shall, in the manner prescribed by this Act or the Regulations, examine, count, and deal with all ballot-papers used for voting in pursuance of-

(a) Part XII of this Act;

(b) the regulations relating to absent voting on polling day; or

(c) section ninety-one A, section one hundred and twenty-one and section one hundred and twenty-one A of this Act.

(4) The Divisional Returning Officer shall-

(a) open the sealed parcels of ballot-papers received from the Assistant Returning Officers in or for the Division for which he is Divisional Returning Officer, and shall make a fresh scrutiny of the ballot-papers contained in the parcels, and for this purpose he shall have the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny;

(b) arrange the unrejected ballot-papers so scrutinized by him, together with the ballot-papers scrutinized by him pursuant to sub-sections (2) and (3) of this section, under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and

(c) count the first preference votes given for each candidate on such ballot-papers, and transmit the following information, by telegram or in some other expeditious manner, to the Commonwealth Electoral Officer for the State:-

(i) the number of first preference votes given for each candidate; and

(ii) the total number of ballot-papers rejected as informal.
Substituted by No. 17, 1948, s. 3.

(5) The several vacancies shall be filled in the following manner:-

(a) The Commonwealth Electoral Officer shall, from the information received from the Divisional Returning Officers for the several Divisions of the State, ascertain the total number of first preference votes given for each candidate and the total of all such votes.

(b) The Commonwealth Electoral Officer shall then determine a quota by dividing the total number of first preference votes by one more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by one.

(c) Any candidate who has received a number of first preference votes equal to or greater than the quota so determined shall be elected.

(d) Where the number of first preference votes received by a candidate is equal to the quota, the whole of the ballot-papers containing those votes shall be set aside as finally dealt with.

(e) Unless all vacancies have been filled, the surplus votes (that is, any number in excess of the quota) of each elected candidate shall be transferred to the continuing candidates, in proportion to the voters' preferences, as follows:-

(i) The Commonwealth Electoral Officer shall divide the number of the elected candidate's surplus votes by the number of first preference votes received by him and the resulting fraction shall, for the purposes of this paragraph, be the transfer value of that candidate's surplus votes.

(ii) The Commonwealth Electoral Officer shall direct each Divisional Returning Officer to arrange in separate parcels for the continuing candidates the whole of the ballot-papers of the elected candidate according to the next available preference indicated thereon and to advise him of the number of ballot-papers in each parcel.

(iii) Upon receipt of advices from all the Divisional Returning Officers, the Commonwealth Electoral Officer shall ascertain, in respect of each continuing candidate, the total number of ballot-papers of the elected candidate which bear the next available preference for that continuing candidate and shall, by multiplying that total by the transfer value of the elected candidate's surplus votes, determine the number of votes to be transferred from the elected candidate to each continuing candidate. If, as a result of the multiplication, any fraction results, so many of those fractions, taken in the order of their magnitude, beginning with the largest, as are necessary to ensure that the number of votes transferred equals the number of the elected candidate's surplus votes shall be reckoned as of the value of unity and the remaining fractions shall be ignored.

(iv) The Commonwealth Electoral Officer shall then, as nearly as practicable in proportion to the number of ballot-papers contained in the relative parcels in the several Divisions, determine the number of ballot-papers to be transferred from the elected candidate to each continuing candidate in each Division and shall direct the several Divisional Returning Officers to transfer ballot-papers accordingly.

(v) Each Divisional Returning Officer shall then, in respect of each continuing candidate, forthwith take at random, from the parcel containing the ballot-papers of the elected candidate which bear the next available preference for that continuing candidate, the number of ballot-papers directed by the Commonwealth Electoral Officer and transfer those ballot-papers to the continuing candidate. When this action has been completed in respect of all the continuing candidates, the Divisional Returning Officer shall notify the Commonwealth Electoral Officer of the total number of votes then received by each continuing candidate in so far as his Division is concerned.

(vi) The ballot-papers containing the first preference votes of the elected candidate which have not been transferred (that is, the ballot-papers containing the number of votes equal to the quota) shall be put aside as finally dealt with.

(f) When the surplus votes of all elected candidates have been transferred to the continuing candidates as provided by the last preceding paragraph, any continuing candidate who has received a number of votes equal to or greater than the quota shall be elected. Unless all the vacancies have been filled, the surplus votes of the elected candidate shall be transferred to the continuing candidates in accordance with the provisions of the last preceding paragraph, but, in the application of those provisions, only those ballot-papers which have been transferred to the elected candidate from a candidate previously elected shall be taken into consideration.

(g) If, as a result of the transfer of the surplus votes of a candidate elected in pursuance of the last preceding paragraph or elected at a later stage of the scrutiny, a continuing candidate has received a number of votes equal to or greater than the quota, he shall be elected. Unless all the vacancies have been filled, the surplus votes of the elected candidate shall be transferred to the continuing candidates in accordance with the provisions of paragraph (e) of this sub-section, but, in the application of those provisions, only those ballot-papers which have been transferred to the elected candidate from the candidate or candidates elected at the last preceding count shall be taken into consideration.

(h) The ballot-papers containing the first preference votes of a candidate who has been elected in pursuance of the provisions of paragraph (f) or (g) of this sub-section, together with the ballot-papers transferred to him from a candidate previously elected or excluded which have not been further transferred, shall be set aside as finally dealt with.

(i) If, after the count of the first preference votes or after the transfer of the surplus votes of the elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes shall be excluded and the whole of his ballot-papers shall be transferred, by the several Divisional Returning Officers under the direction of the Commonwealth Electoral Officer, to the continuing candidates next in order of the voters' available preferences.

(j) If thereupon, or as the result of the exclusion of a candidate at any subsequent stage of the scrutiny, a continuing candidate has received a number of votes equal to or greater than the quota, he shall be elected. Unless all vacancies have been filled, the surplus votes of the elected candidate shall be transferred to the continuing candidates in accordance with the provisions of paragraph (e) of this sub-section but, in the application of those provisions, only those ballot-papers which have been transferred to the elected candidate from the candidate last excluded shall be taken into consideration. The ballot-papers containing the first preference votes of the elected candidate, together with the ballot-papers transferred to him from a candidate previously elected or excluded which have not been further transferred, shall be set aside as finally dealt with. If no continuing candidate has received a number of votes equal to the quota, the process of excluding the candidate with the fewest votes and the transferring of ballot-papers containing those votes to the continuing candidates shall be repeated, by the several Divisional Returning Officers under the direction of the Commonwealth Electoral Officer, until a continuing candidate has received a number of votes equal to the quota or, in respect of the last vacancy, a majority of the votes.

(k) A continuing candidate who has received a number of votes equal to the quota shall be elected. In respect of the last vacancy, the candidate who receives a majority of the votes shall be elected notwithstanding that the number of votes so received by him is not equal to the quota.
Substituted by No. 17, 1948, s. 3.

(6) Where, on the count of the first preference votes, or at the same time at any subsequent stage of the scrutiny, two or more candidates are elected by reason of their having received a number of votes equal to or greater than the quota, any transfer of the surplus votes of those candidates shall be carried out in the order, first of the candidate with the largest surplus, second of the candidate with the next largest surplus and so on.
Substituted by No. 17, 1948, s. 3.

(7) Notwithstanding anything contained in the preceding provisions of this section, a transfer of the surplus votes of an elected candidate shall be deferred (but without affecting the order of that transfer) so long as the total number of those surplus votes is less than the difference between the total votes of the two continuing candidates with the fewest votes. In that case, unless all vacancies have been filled, the candidate with the fewest votes shall be first excluded and the ballot-papers containing his votes shall be transferred to the continuing candidates as provided in paragraph (i) of sub-section (5) of this section.
Substituted by No. 17, 1948, s. 3.

(8) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Commonwealth Electoral Officer shall decide which shall be excluded. If, at the time of their election, two or more candidates have an equal number of votes, the Commonwealth Electoral Officer shall decide the order of election of those candidates and the order of the transfer of their surplus votes. If in the final count for filling the last vacancy, two candidates have an equal number of votes, the Commonwealth Electoral Officer shall decide by his casting vote which candidate shall be elected. Except as provided in this sub-section, the Commonwealth Electoral Officer shall not vote at the election.
Omitted by No. 9, 1934, s. 10; inserted by No. 17, 1948, s. 3.

(9) If, on the count of the first preferences, or at the same time at any subsequent stage of the scrutiny, two or more candidates are elected by reason of their having received a number of votes equal to or greater than the quota, the election of those candidates shall be deemed to have been in the order, first of the candidate with the largest surplus, second of the candidate with the next largest surplus and so on.
Substituted by No. 17, 1948, s. 3.

(10) In this section, '' continuing candidate '' means a candidate not already elected or excluded from the count.
Substituted by No. 17, 1948, s. 3.

(11) In any case to which sub-section (2) of section one hundred and twenty-three of this Act applies, a vote indicated on a ballot-paper opposite the name of a deceased candidate shall be counted to the candidate next in the order of the voter's preference, and the numbers indicating any subsequent preference shall be deemed to be altered accordingly.
Substituted by No. 17, 1948, s. 3.

(12) Each Divisional Returning Officer shall-

(a) make out and sign a statement setting out, in respect of the Division for which he is Divisional Returning Officer, the number of votes counted to each candidate at each count and the number of informal ballot-papers, and shall forward the statement, together with the copy of the writ (indorsed in the prescribed manner) to the Commonwealth Electoral Officer for the State;

(b) place in a separate parcel all the ballot-papers which have been rejected as informal;

(c) place in a separate parcel all the unrejected ballot-papers; and

(d) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.
Sub-sections (13) and (14) omitted by No. 17, 1948, s. 3.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 136.
Scrutiny of votes in House of Representatives elections.

SECT

Substituted by No. 31, 1919, s. 10; amended by No. 14, 1922, s. 19; and No. 17, 1928, s. 23.
136. In a House of Representatives election the scrutiny shall, subject to the provisions of section ninety-one A section one hundred and twenty-one and section one hundred and twenty-one A of this Act and of the regulations relating to absent voting and to voting by post, be conducted in the manner following:-

(1) Each Assistant Returning Officer shall, in the presence of an Assistant Presiding Officer or a Poll Clerk, and of such authorized scrutineers as may attend-

(a) open all ballot-boxes received from polling places within or for that portion of the Division in which he exercises his powers;

(b) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;

(c) count the first preference votes given for each candidate on all unrejected ballot-papers;

(d) make out and sign a statement (which may be countersigned by an Assistant Presiding Officer or a Poll Clerk, and, if they so desire, by such scrutineers as are present) setting out the number of first preference votes given for each candidate, and the number of informal ballot-papers, and certify, by indorsement on the copy of the writ received by him, the like particulars;

(e) place in a separate parcel all the ballot-papers which have been rejected as informal;

(f) transmit the following information, by telegram or in some other expeditious manner, to the Divisional Returning Officer:-

(i) the number of first preference votes given for each candidate; and

(ii) the total number of ballot-papers rejected as informal;

(g) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

(h) transmit the parcels to the Divisional Returning Officer with the least possible delay, together with the statement specified in paragraph (d) of this sub-section, and the copy of the writ indorsed in accordance with that paragraph.

(2) The Divisional Returning Officer shall open all ballot-boxes not opened by an Assistant Returning Officer, and shall conduct the scrutiny of the ballot-papers contained therein in the manner aforesaid as far as applicable.
Amended by No. 14, 1922, s. 19; and No. 17, 1928, s. 23.

(3) The Divisional Returning Officer shall, in the manner prescribed by this Act or the Regulations, examine, count, and deal with all ballot-papers used for voting in pursuance of-

(a) Part XII of this Act;

(b) the regulations relating to absent voting on polling day; or

(c) section ninety-one A, section one hundred and twenty-one and section one hundred and twenty-one A of this Act.

(4) From the copies of the writs forwarded to the Divisional Returning Officer by the Assistant Returning Officers in or for the Division, and the result of the scrutiny of the votes counted by him, the Divisional Returning Officer shall ascertain the total number of first preference votes given for each candidate for the Division.

(5) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(6) If no candidate has received an absolute majority of first preference votes, the Divisional Returning Officer-

(a) shall open the sealed parcels of ballot-papers received from the Assistant Returning Officers in or for the Division;

(b) shall make a fresh scrutiny of the ballot-papers contained in the parcels, and, for the purpose of that scrutiny, shall have the same powers as if it were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny;

(c) from the result of the scrutiny of the votes counted by him under the provisions of sub-sections (2) and (3) of this section, and the fresh scrutiny conducted by him under the provisions of this sub-section, shall ascertain the total number of first preference votes given for each candidate and the number of informal ballot-papers; and

(d) shall proceed with the scrutiny and the counting of the votes as follows:-

(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter's preference;

(ii) if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes, and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter's preference, shall be repeated until one candidate has received an absolute majority of votes; and

(iii) the candidate who has received an absolute majority of votes shall be elected.

(7) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Divisional Returning Officer shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Divisional Returning Officer shall decide by his casting vote, which shall be elected, but, except as provided in this sub-section, he shall not vote at the election.

(8) In this section an absolute majority of votes means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The casting vote of the Divisional Returning Officer, given in pursuance of the last preceding sub-section, shall be included in reckoning an absolute majority of votes.

(9) The Divisional Returning Officer shall-

(a) place in a separate parcel all the ballot-papers which have been rejected as informal;

(b) place in a separate parcel all the unrejected ballot-papers; and

(c) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 136A.
Scrutiny prior to receipt of absent voters' ballot-papers, &c.

SECT

Inserted by No. 31, 1919, s. 10; amended by No. 14, 1922, s. 20; and No. 17, 1928, s. 24.
136A. Where the Commonwealth Electoral Officer for a State, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election, is satisfied that the votes-

(a) on any ballot-papers issued at some remote polling place in connexion with the election which have not been received by the Divisional Returning Officer; or

(b) on any ballot-papers, used for voting in pursuance of section one hundred and twenty-one of this Act, and in relation to which the Divisional Returning Officer has not completed the action specified by sub-section (5) of that section; or

(c) on any ballot-papers used for voting in pursuance of section ninety-one A or section one hundred and twenty-one A and in relation to which the scrutiny by the Divisional Returning Officer has not been completed; or

(d) on any postal ballot-papers posted or delivered to any Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub-section (2) of section ninety-two of this Act,
cannot, having regard to the number of those ballot-papers, possibly affect the result of the election, the Commonwealth Electoral Officer, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election, may, subject to the concurrence of the Chief Electoral Officer, proceed with the scrutiny without awaiting the receipt of the ballot-papers, or completing the action, as the case may be.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 137.
Re-count at Senate elections.

SECT

137. (1) At any time before the declaration of the result of a Senate election the Commonwealth Electoral Officer for the State may, if he thinks fit, on the written request of any candidate setting forth the reasons for the request, or of his own motion, direct a re-count of the ballot-papers from any Division or portion of a Division, or of the ballot-papers contained in any parcel.

(2) If the Commonwealth Electoral Officer for the State refuses on the request of a candidate, to direct a re-count of any ballot-papers, the candidate may, in writing, appeal to the Chief Electoral Officer to direct a re-count of those ballot-papers, and the Chief Electoral Officer may, as he thinks fit, either direct a re-count of the ballot-papers or refuse to direct a re-count.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 138.
Re-count at House of Representatives elections.

SECT

138. At any time before the declaration of the result of a House of Representatives election the Divisional Returning Officer may, if he thinks fit, on the request of any candidate setting forth the reasons for the request, or of his own motion, and shall, if so directed by the Chief Electoral Officer or the Commonwealth Electoral Officer for the State, re-count the ballot-papers contained in any parcel.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 139.
Powers of officer conducting re-count.

SECT

139. The officer conducting a re-count shall have the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot-paper.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 140.
Reservation of disputed ballot-papers.

SECT

140. (1) The officer conducting a re-count may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Commonwealth Electoral Officer for the State.

(2) The Commonwealth Electoral Officer for the State shall decide whether any ballot-paper, reserved for his decision in pursuance of this section, is to be allowed and admitted or disallowed and rejected.

(3) In the event of the validity of the election being disputed, the Court of Disputed Returns may consider any ballot-papers which were reserved for the decision of the Commonwealth Electoral Officer for the State, but shall not order any further re-count of the whole or any part of the ballot-papers in connexion with the election unless it is satisfied that the re-count is justified.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 141.
Return of writ for election of Senators.

SECT

PART XV-THE RETURN OF THE WRITS
Sub-section (1) amended by No. 48, 1965, s. 17.
141. (1) In elections for the Senate, the Commonwealth Electoral Officer for the State for which the election is held shall, as soon as conveniently may be after the result of the election has been ascertained-

(a) at the place of nomination declare the result of the election and the name of the candidate or the names of the candidates elected;

(b) by indorsement under his hand certify on the writ the name of the candidate or the names of the candidates elected, and return the writ to the Governor of the State in respect of which it was issued.
Amended by No. 14, 1922, s. 21; and No. 17, 1928, s. 25.

(2) Where the Commonwealth Electoral Officer for the State-

(a) has been advised by a Divisional Returning Officer that certain ballot-papers, issued at some remote polling place in connexion with the election or posted or delivered to any Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub-section (2) of section ninety-two of this Act, cannot reach him for the purpose of the scrutiny without unduly delaying the declaration of the poll, or

(b) has been advised by a Divisional Returning Officer that he cannot complete his inquiries into the facts set out in the declarations of certain persons to whom ballot-papers were issued under the provisions of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of this Act, without unduly delaying the declaration of the poll, and

(c) in either case, is satisfied that the votes recorded on those ballot-papers could not possibly affect the result of the election,
he may, subject to the concurrence of the Chief Electoral Officer, declare the result of the election and return the writ without awaiting the receipt of the ballot-papers or the completion of inquiries, as the case may be.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 142.
Return of writs for House of Representatives.

SECT

Sub-section (1) amended by No. 10, 1949, s. 19.
142. (1) In a House of Representatives election the Divisional Returning Officer shall, as soon as conveniently may be after the result of the election has been ascertained-

(a) at the place of nomination publicly declare the result of the election and the name of the candidate elected;

(b) by indorsement under his hand certify on the writ the name of the candidate elected, and return the writ through the Commonwealth Electoral Officer for the State.
Amended by No. 14, 1922, s. 22; and No. 17, 1928, s. 26.

(2) Where the Divisional Returning Officer-

(a) is satisfied that certain ballot-papers, issued at some remote polling place in connexion with the election or posted or delivered to any Divisional Returning Officer or any Assistant Returning Officer or presiding officer in pursuance of sub- section (2) of section ninety-two of this Act, cannot reach him for the purpose of the scrutiny without unduly delaying the declaration of the poll, or

(b) cannot complete his inquiries into the facts set out in the declarations received by him in pursuance of the provisions of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of this Act, without unduly delaying the declaration of the poll, and

(c) in either case, is satisfied that the votes recorded on those ballot-papers could not possibly affect the result of the election,
he may, subject to the concurrence of the Chief Electoral Officer declare the result of the election and return the writ without awaiting the receipt of the ballot-papers or the completion of inquiries, as the case may be.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 143.
Correction of errors.

SECT

143. Any delay, error, or omission in the printing, preparation, issue, transmission, or return of any roll, writ, ballot-papers, or certified list of voters, may be remedied, removed, rectified, and supplied by proclamation specifying the matter dealt with, and providing for the course to be followed, and such course shall be valid and sufficient.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 144.
Extension of time.

SECT

144. Within twenty days before or after the day appointed for any election the person causing the writ to be issued may provide for extending the time for holding the election or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provisions so made shall be valid and sufficient:

Provided that-

(a) public notice shall be immediately given in the State or Division for which the election is to be held of any extension of the time for holding the election; and

(b) no polling day shall be postponed under this section at any time later than seven days before the time originally appointed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 145.
Rates of expenditure.

SECT

PART XVI-LIMITATION OF ELECTORAL EXPENSES
Substituted by No. 42, 1946, s. 4; amended by No. 93, 1966, s. 3.
145. A candidate shall not, in respect of any candidature, incur or authorize electoral expenses exceeding in the aggregate-

(a) in the case of a Senate election-One thousand dollars; or

(b) in the case of a House of Representatives election-Five hundred dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 146.
Expenses allowed.

SECT

Substituted by No. 42, 1946, s. 4.
146. A candidate shall not, in respect of any candidature, incur or authorize any electoral expense except in respect of-

(a) advertising and broadcasting;

(b) publishing, issuing, distributing and displaying addresses, notices, posters, pamphlets, handbills and cards;

(c) stationery, telephones, messages, postages and telegrams;

(d) committee rooms;

(e) public meetings and places therefor; and

(f) scrutineers.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 147.
Electoral expenses.

SECT

147. ''Electoral expense'' includes all expenses incurred by or on behalf or in the interests of any candidate at or in connexion with any election, excepting only the purchasing of electoral rolls, and the personal and reasonable living and travelling expenses of the candidate.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 148.
Expenditure on behalf of a candidate.

SECT

148. Any person incurring or authorizing any electoral expense on behalf of a candidate without the written authority of the candidate shall be guilty of a contravention of this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 149.
Employment of paid canvassers or committeemen prohibited.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
149. (1) A candidate or a person acting on behalf of, or in the interests of, a candidate, shall not employ, for reward, any person as canvasser or committeeman or in any capacity in connexion with an election, unless the expense incurred could be lawfully incurred by the candidate under this Part of this Act.

Penalty: Two hundred dollars.

(2) ''Reward'' in this section includes any payment or promise of payment direct or indirect to the person employed or to the wife or husband or any relative of that person.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 150.
Gifts by candidate.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
150. (1) Any person who, having announced himself within three months before the day of election as a candidate for election to the Parliament, shall before the poll for the election is closed offer promise or give directly or indirectly to or for any club or other association, any gift, donation, or prize, shall be guilty of an offence against this section.

Penalty: Ten dollars, in addition to any other penalty provided by law.

(2) No proceedings shall be taken for a contravention of this section except within three months after the act complained of.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 151.
Returns of candidates' expenses.

SECT

151. (1) Within eight weeks after the result of any election has been declared, every candidate at the election shall sign and declare before a Justice of the Peace and file with the Commonwealth Electoral Officer for the State a true return of his electoral expenses, showing-

(a) all electoral expenses paid:

(b) all disputed and unpaid claims for electoral expenses.
Amended by No. 93, 1966, s. 3.

(2) The return shall be in accordance with Form G in the Schedule and shall be accompanied by a receipted bill of particulars vouching each payment of Four dollars or more.

(3) The return and the receipted bills of particulars shall be retained by the Commonwealth Electoral Officer for the State, and shall be open to public inspection during ordinary office hours on payment of the prescribed fee, for a period of six months from the date of polling at the election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 152.
Return of expenses by political organizations.

SECT

152. (1) Every trades union registered or unregistered, organization, association, league, or body of persons which has, or person who has, in connexion with any election, expended any money or incurred any expense-

(a) on behalf of, or in the interests of, any candidate, or

(b) on behalf of, or in the interests of, any political party,
shall in accordance with this section make a return of the money so expended or expense so incurred.

(2) Every trades union registered or unregistered, organization, association, league, or body of persons which has, and every person who has, in connexion with any election, expended any money or incurred any expense in printing publishing or issuing electoral advertisements or notices, or procuring the insertion in any newspaper of any advertisement article or report or matter intended or calculated to affect the result of the election, shall in accordance with this section make a return of the money so expended or expense so incurred.

(3) The return shall be in accordance with the prescribed form, and shall be signed and declared to before a Justice of the Peace by the President or Chairman and the Secretary or other officer of the trades union registered or unregistered, organization, association, league, or body of persons, or by the person concerned, and shall contain particulars of the money expended or expense incurred, and shall be filed with the Commonwealth Electoral Officer for the State in which the election took place within twelve weeks after the result of the election has been declared.

(4) If any trades union registered or unregistered, organization, association, league, or body of persons satisfies the Chief Electoral Officer that it has in connexion with any political campaign expended money or incurred expense on behalf of or in the interests of a political party in all the States or in more than one State, he may permit it to file with him in lieu of any other return under this section a return of the whole of the money expended or expense incurred by it in the campaign.
Amended by No. 93, 1966, s. 3.

(5) If any trades union registered or unregistered, organization, association, league, or body of persons fails to comply with this section, every person who was an officer thereof at the time the money was expended or expense incurred shall be liable to a penalty of One hundred dollars.
Amended by No. 93, 1966, s. 3.

(6) If any person fails to comply with this section he shall be liable to a penalty of One hundred dollars.
Amended by No. 93, 1966, s. 3.

(7) Any person who wilfully makes an untrue statement in any return under this section shall be liable to a penalty of Two hundred dollars or to imprisonment for six months.
Amended by No. 93, 1966, s. 3.

(8) The Chief Electoral Officer may by notice in writing in the prescribed form require the President or Chairman and the Secretary or other officer of any trades union registered or unregistered, organization, association, league, or body of persons, or any person, within such time, not being less than one month as is specified in the notice, to make a return in accordance with this section, of any money expended or expense incurred in respect of which a return is required to be made under sub-section (1) or sub-section (2) of this section, and the President or Chairman and Secretary or other officer or person who neglects or refuses to comply with the notice shall be guilty of an offence, and liable to a penalty not exceeding Two hundred dollars, or to imprisonment for any period not exceeding six months.

(9) Every return filed in pursuance of this section shall, subject to the regulations, be open to public inspection.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 153.
Return by newspaper proprietors.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
153. (1) The proprietor or publisher of a newspaper published in the Commonwealth shall, in accordance with this section, make or cause to be made a return setting out the amount of electoral matter in connexion with any election inserted in his newspaper in respect of which payment was or is to be made, the space occupied by such electoral matter, the amount of money paid or owing to him in respect of such electoral matter and the names and addresses of the trades unions registered or unregistered, organizations, associations, leagues, bodies of persons, or persons authorizing the insertion thereof.

Penalty (on proprietor): Two hundred dollars.

(2) In this section '' electoral matter '' includes advertisements, articles, and other matter intended or calculated to affect the result of the election.

(3) Where an election for the Senate and a general election for the House of Representatives take place on the same day, the particulars as regards both elections may be included in one return.

(4) The return shall be in accordance with the prescribed form, and shall be signed by the person making it, and shall be declared to before a Justice of the Peace, and shall be filed with the Commonwealth Electoral Officer for the State in which the newspaper is published within twelve weeks after the result of the election has been declared.

(5) Every return made in pursuance of this section shall, subject to the regulations, be open to public inspection.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 154.
Offences.

SECT

PART XVII-ELECTORAL OFFENCES
154. To secure the due execution of this Act and the purity of elections the following acts are hereby prohibited and penalized:-

(i) Breach or neglect of official duty;

(ii) Illegal practices, including-

(a) bribery;

(b) undue influence;

(iii) Electoral offences.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 155.
Breach or neglect by officers.

SECT

Amended by No. 93, 1966, s. 3.
155. ''Breach or neglect of official duty'' includes-

(i) any attempt by any officer to influence the vote of any elector, or, except by recording his vote, the result of any election;

(ii) the disclosure of any knowledge officially acquired by any officer or scrutineer touching the vote of any elector;

(iii) any neglect or refusal by any officer to discharge any official duty, or observe any direction issued by lawful authority, and any violation by any officer of any provision of this Act;

(iv) any wilful misfeasance or wilful or grossly negligent act of commission or omission contrary to the provisions of this Act or the regulations thereunder.

Breach or neglect of official duty is punishable by a penalty not exceeding Four hundred dollars, or by imprisonment not exceeding one year.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 156.
Bribery.

SECT

Amended by No. 31, 1962, s. 4.
156. Any person who-

(a) promises, or offers, or suggests any valuable consideration, advantage, recompense, reward, or benefit for or on account of, or to induce any candidature, or withdrawal of candidature, or any vote or omission to vote, or any support of, or opposition to any candidate, or any promise of any such vote, omission, support, or opposition;

(aa) promises, offers or suggests any valuable consideration, advantage, recompense, reward or benefit for or on account of, or to induce-

(i) any enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia; or

(ii) any promise of any such enrolment or refraining from any such enrolment;

(b) gives or takes any valuable consideration, advantage, recompense, reward, or benefit for, or on account of, any such candidature, withdrawal, vote, omission, support, opposition, enrolment or refraining from enrolment referred to in either of the last two preceding paragraphs; or

(c) promises, offers, or suggests any valuable consideration, advantage, recompense, reward, or benefit for bribery, or gives or takes any valuable consideration, advantage, recompense, reward, or benefit for bribery,
shall be guilty of bribery.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 157.
Definition.

SECT

Amended by No. 31, 1962, s. 5.
157. Without limiting the effect of the general words in the preceding section, ''bribery'' particularly includes the supply of meat, drink, or entertainment after the nominations have been officially declared, or horse or carriage hire for any voter whilst going to or returning from the poll, with a view to influence the vote of an elector or the supply of meat, drink, entertainment or transport with a view to influencing enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 158.
Undue influence.

SECT

Amended by No. 31, 1962, s. 6.
158. Any person who-

(a) threatens, offers, or suggests any violence, injury, punishment, damage, loss, or disadvantage for or on account of, or to induce any candidature, or withdrawal of candidature, or any vote, or any omission to vote, or any support or opposition to any candidate, or any promise of any vote, omission, support, or opposition;

(aa) threatens, offers or suggests any violence, injury, punishment, damage, loss or disadvantage for or on account of, or to induce-

(i) any enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia; or

(ii) any promise of any such enrolment or refraining from any such enrolment; or

(b) uses, causes, inflicts, or procures any violence, punishment, damage, loss, or disadvantage for or on account of any such candidature, withdrawal, vote, omission, support, opposition, enrolment or refraining from enrolment referred to in either of the last two preceding paragraphs,
shall be guilty of undue influence.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 159.
Definition.

SECT

Amended by No. 31, 1962, s. 7.
159. Without limiting the effects of the general words in the preceding section, ''undue influence'' includes every interference or attempted interference with the free exercise of the franchise of any voter or with the free exercise by an aboriginal native of Australia of his choice whether or not to enrol as an elector.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 160.
Exception.

SECT

160. No declaration of public policy or promise of public action shall be deemed bribery or undue influence.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 161.
Illegal practices.

SECT

Amended by No. 17, 1928, s. 27.
161. In addition to bribery and undue influence the following shall be illegal practices:-

(a) Any publication of any electoral advertisement handbill or pamphlet or any issue of any electoral notice (other than the announcement by advertisement in a newspaper of the holding of a meeting) without at the end thereof the name and address of the person authorizing the same:

(b) Printing or publishing any printed electoral advertisement handbill or pamphlet (other than an advertisement in a newspaper) without the name and place of business of the printer being printed at the foot of it:

(c) Any contravention by a candidate of the provisions of Part XVI of this Act relating to the limitation of electoral expenses:
(d) Printing, publishing, or distributing any electoral advertisement, notice, handbill, pamphlet, or card containing any representation of a ballot-paper or any representation apparently intended to represent a ballot-paper, and having thereon any directions intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote:

(e) Printing, publishing, or distributing any electoral advertisement, notice, handbill, pamphlet, or card containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote:

(f) Wilfully informing any elector on polling day that he is not enrolled, or that he is not enrolled for a particular Subdivision, when as a fact he is enrolled, or is enrolled for that Subdivision, as the case may be:

Provided that nothing in paragraphs (d) and (e) of this section shall prevent the printing, publishing, or distributing of any card, not otherwise illegal, which contains instructions how to vote for any particular candidate, so long as those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 162.
Punishment.

SECT

Amended by No. 93, 1966, s. 3.
162. Any illegal practice shall be punishable as follows:-

(a) Bribery or undue influence, by a penalty not exceeding Four hundred dollars, or by imprisonment not exceeding one year;

(b) any other illegal practice, by a penalty not exceeding Two hundred dollars, or by imprisonment not exceeding six months.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 163.
Heading to electoral advertisements.

SECT

Sub-section (1) amended by No. 93, 1966 s. 3.
163. (1) The proprietor of every newspaper shall cause the word ''advertisement'' to be printed as a headline in letters not smaller than ten point or long primer to each article or paragraph in his newspaper containing electoral matter, the insertion of which is or is to be paid for or for which any reward or compensation or promise of reward or compensation is or is to be made.

Penalty: One hundred dollars.

(2) The words ''electoral matter'' include all matter intended or calculated to affect the result of the election, and any report of the speech of a candidate if the report is or is to be paid for.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 164.
Articles to be signed.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
164. (1) On and after the date of issue and before the return of any writ for the election of a member of the Senate, or of the House of Representatives, or for the taking of any referendum vote, every article, report, letter, or other matter commenting upon any candidate, or political party, or the issues being submitted to the electors, printed and published in any newspaper, circular, pamphlet, or ''dodger'' shall be signed by the author or authors, giving his or their true name and address or names and addresses at the end of the said article, report, letter, or other matter, or where part only of the article, report, letter or matter appears in any issue of a newspaper, circular, pamphlet, or ''dodger'', at the end of that part.

Penalty: One hundred dollars.
Amended by No. 93, 1966, s. 3.

(2) Any newspaper editor or proprietor who permits, in any newspaper which he edits or owns, the publication of any unsigned article, report, letter, or other matter commenting upon any candidate, or political party, or the issues being submitted to the electors after the issue and before the return of any writ for the election of a member of the Senate, or of the House of Representatives, or for the taking of a referendum vote, shall be deemed guilty of an offence against this Act.

Penalty: One hundred dollars.
Added by No. 17, 1928, s. 28.

(3) This section shall not apply to the publication in a newspaper of-

(a) a leading article; or

(b) an article in a newspaper which consists solely of a report of a meeting and does not contain any comment (other than comment made by a speaker at the meeting) upon any candidate, or political party, or the issues being submitted to the electors.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 164A.
Matter broadcast.

SECT

Inserted by No. 19, 1940, s. 19.
Sub-section (1) amended by No. 93, 1966, s. 3.
164A. (1) On and after the date of issue and before the return of any writ for the election of a member of the Senate or of the House of Representatives, or for the taking of any referendum vote, a person shall not broadcast, or permit to be broadcast, from any broadcasting station any announcement, statement or other matter commenting upon any candidate, political party or the issues being presented to the electors unless that announcement, statement or other matter includes the true name and address or names and addresses of the author or authors thereof.

Penalty: One hundred dollars.
Amended by No. 93, 1966, s. 3.

(2) Where any announcement, statement or other matter is broadcast in contravention of sub-section (1) of this section, the person who supplied the announcement, statement or other matter to the broadcasting station for broadcasting shall, unless he proves that the true name and address or names and addresses of the author or authors were included in the announcement, statement or other matter so supplied, be guilty of an offence.

Penalty: One hundred dollars.

(3) This section shall not apply to the inclusion in a summary of news of a report of a meeting which contains no comment (other than comment made by a speaker at the meeting) upon any candidate, political party or the issues being submitted to the electors.

(4) For the purposes of this section, the expression ''broadcasting station'' means a station broadcasting messages by means of wireless telephony.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 164B.
Display of certain electoral posters prohibited.

SECT

Inserted by No. 42, 1946, s. 5.
Sub-section (1) amended by No. 26, 1961, s. 14; and No. 93, 1966, s. 3.
164B. (1) A person shall not post up or exhibit, or permit or cause to be posted up or exhibited, on any building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water or in the air)-

(a) an electoral poster the area of which is more than one thousand two hundred square inches; or

(b) any electoral poster in combination with any other such poster if the aggregate area of those posters exceeds one thousand two hundred square inches.

Penalty: Two hundred dollars.
Amended by No. 93, 1966, s. 3.

(2) A person shall not write, draw or depict any electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water or in the air).

Penalty: Two hundred dollars.
Inserted by No. 47, 1949, s. 3.

(2A) It is hereby declared that the application of the last two preceding sub-sections extends in relation to an election or referendum although the writ for that election or referendum has not been issued.
Substituted by No. 47, 1949, s. 3.

(3) Nothing in this section shall prohibit-

(a) the posting up, exhibiting, writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party, concerned; or

(b) the projection, by means of a cinematograph or other similar apparatus, of electoral matter on to a screen in a public theatre, hall or premises used for public entertainment.
Amended by No. 47, 1949, s. 3.

(4) In this section-

''electoral matter'' means any matter intended or calculated to affect the result of an election or referendum under any law of the Commonwealth;

''electoral poster'' means any material whatsoever on which any electoral matter is written, drawn or depicted.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 164BA.
Removal of prohibited electoral posters.

SECT

Inserted by No. 47, 1949, s. 4.
164BA. (1) For the purpose of ensuring compliance with the last preceding section, an authorized person may, and shall if so directed by the Chief Electoral Officer for the Commonwealth, by the Commonwealth Electoral Officer for a State or by a Divisional Returning Officer-

(a) remove an electoral poster which appears to have been posted up or to be exhibited in contravention of the last preceding section; or

(b) obliterate electoral matter which appears to have been written, drawn or depicted in contravention of the last preceding section.
Amended by No. 93, 1966, s. 3.

(2) A person shall not obstruct or hinder an authorized person in the exercise or attempted exercise of any power, or in the discharge or attempted discharge of any duty, conferred or imposed upon him under this section.

Penalty: Two hundred dollars.

(3) In this section, ''authorized person'' means a member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth and a peace officer appointed under the Peace Officers Act 1925.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 164BB.
Injunctions.

SECT

Inserted by No. 47, 1949, s. 4.
164BB. (1) For the purpose of ensuring compliance with section one hundred and sixty-four B of this Act, a prescribed court may, upon the application of an officer, grant an injunction-

(a) restraining any apprehended contravention of that section; or

(b) directing the removal of an electoral poster posted up or exhibited in contravention of that section, or the obliteration of electoral matter written, drawn or depicted in contravention of that section,
and may make an order incidental or supplementary to an order under this section, including an order as to costs.

(2) In this section, ''prescribed court'' means any Federal court or the Supreme Court of a State or Territory of the Commonwealth.

(3) Each prescribed court (being a court of a State) is hereby invested with federal jurisdiction, and jurisdiction is hereby conferred on each prescribed court (not being a court of a State), in matters arising under this section.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 165.
Cards in polling booth.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
165. (1) A person shall not exhibit or leave in any polling booth any card or paper having thereon any direction or instruction as to how an elector should vote or as to the method of voting.

Penalty: Forty dollars.

(2) This section shall not apply to any official instructions exhibited by proper authority at any polling booth.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 166.
Untrue statements in forms.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
166. (1) A person shall not make any untrue statement in any electoral paper, or in answer to any question under this Act, or in any information supplied to any officer or canvasser for the purposes of the preparation, maintenance and revision of rolls.

Penalty: Forty dollars.

(2) Sub-section (1) of this section shall not affect the liability of any person to be proceeded against in respect of any other offence but he shall not be liable to be punished twice in respect of the same offence.

(3) In this section the words ''electoral paper'' include any prescribed form.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 167.
Signature to electoral paper.

SECT

167. (1) Every electoral paper which by this Act or the regulations has to be signed by any person shall be signed by that person with his personal signature.

(2) Where a person who is unable to sign his name in writing makes his mark as his signature to an electoral paper, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the electoral paper as such witness:

Provided that nothing in this section shall authorize any person to sign any electoral paper by a mark or otherwise than in his own hand-writing in cases where the Act or the regulations require him to sign the electoral paper in his own handwriting.
Amended by No. 93, 1966, s. 3.

(3) A person shall not make the signature of any other person on an electoral paper.

Penalty: One hundred dollars.

(4) Sub-section (3) of this section shall not affect the liability of any person to be proceeded against for forgery, but so that he shall not be liable to be punished twice in respect of the same offence.

(5) In this section the words ''electoral paper'' include any prescribed form.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 168.
Witnessing electoral papers.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
168. (1) A person shall not-

(a) sign his name as witness on any blank electoral paper; or

(b) sign his name as witness on any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

(c) sign his name as witness on any electoral paper unless he has seen the person, whose signature he purports to witness, sign it; or

(d) write on any electoral paper as his own name-

(i) the name of another person; or

(ii) any name not being his own name.

Penalty: One hundred dollars.

(2) In this section the words ''electoral paper'' include any prescribed form.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 169.
Making marks on ballot-papers.

SECT

Amended by No. 93, 1966, s. 3.
169. Except where expressly authorized by this Act, a person (other than the elector to whom the ballot-paper has been lawfully issued) shall not make any mark or writing on the ballot-paper of any elector.

Penalty: One hundred dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 170.
Electoral offences.

SECT

Amended by No. 93, 1966, s. 9.
170. The matters mentioned in the first column of the table at the foot of this section are electoral offences punishable as provided in the second column of the table opposite the statement of the offence.

Table of Electoral Offences and Punishments ------------------------------------------------------------------------------ --
First Column Second Column
Offences Punishments ------------------------------------------------------------------------------ --
Falsely personating any person to secure a ballot-paper to which the personator is not entitled, or personating any other person for the purpose of voting Imprisonment not exceeding
two years Fraudulently destroying or defacing any nomination paper or ballot-paper Imprisonment not exceeding
two years Fraudulently putting any ballot-paper or other paper into the ballot-box Imprisonment not exceeding
six months Fraudulently taking any ballot-paper out of any polling booth Imprisonment not exceeding
six months Taking any ballot-paper out of any polling booth Penalty not exceeding One
hundred dollars Forging or uttering, knowing the same to be forged, any nomination paper or ballot-paper Imprisonment not exceeding
two years In any polling booth on polling day misconducting himself, or failing to obey the lawful directions of the presiding officer Penalty not exceeding One
hundred dollars, or
imprisonment not exceeding
one month Supplying ballot-papers without authority . . . Imprisonment not exceeding
six months Unlawfully destroying, taking, opening, or otherwise interfering with ballot-boxes or ballot-papers Imprisonment not exceeding
six months Voting more than once at the same election . . . Penalty not exceeding One
hundred dollars, or
imprisonment not exceeding
three months Wagering on the result of any election . . . . . Penalty not exceeding One
hundred dollars Wilfully defacing, mutilating, destroying, or removing any notice, list, or other document affixed by any Returning Officer or by his authority Penalty not exceeding Four
dollars Knowingly making any false statement in any claim, application, return, or declaration, or in answer to a question under this Act Imprisonment not exceeding
two years Distributing any advertisement, hand-bill or pamphlet published in contravention of section one hundred and sixty-one of this Act Penalty not exceeding One
hundred dollars or
imprisonment not exceeding
one month Any contravention of this Act for which no other punishment is provided Penalty not exceeding One
hundred dollars ------------------------------------------------------------------------------ --

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 171.
Prohibition of canvassing near polling booths.

SECT

Sub-section (1) amended by No. 26, 1961, s. 15; and No. 93, 1966, s. 3.
171. (1) The following acts are, on polling day, and on all days to which the polling is adjourned, prohibited at an entrance of or within a polling booth, or in any public or private place within twenty feet of an entrance of a polling booth, namely:-

(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) inducing any elector not to vote for any particular candidate; or

(d) inducing any elector not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

Penalty: Fifty dollars.
Added by No. 26, 1961, s. 15.

(2) Where-

(a) a building used as a polling booth is situated in grounds within an enclosure; and

(b) the presiding officer at the polling booth causes to be displayed throughout the hours of polling at each entrance to those grounds a notice signed by him stating that those grounds are, for the purposes of the last preceding sub-section, part of the polling booth,
those grounds shall, for the purposes of that sub-section, be deemed to be part of the polling booth.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 171A.
Badges or emblems in polling booths.

SECT

Inserted by No. 19, 1940, s. 20; amended by No. 93, 1966, s. 3.
171A. Any officer or scrutineer who wears or displays in a polling booth on polling day any badge or emblem of a candidate or political party shall be guilty of an offence.

Penalty: Fifty dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 172.
Witness to application must satisfy himself of truth of statement.

SECT

Amended by No. 93, 1966, s. 3.
172. The person witnessing any claim for enrolment or transfer of enrolment shall, before he affixes his signature thereto, satisfy himself, by inquiry from the claimant or otherwise, that the statements contained in the claim are true unless he knows that the statements contained in the claim are true.

Penalty: One hundred dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 173.
Failure to transmit claim.

SECT

Amended by No. 93, 1966, s. 3.
173. Any person who accepts, for transmission to a Registrar, the custody of a claim for enrolment or transfer of enrolment shall forthwith transmit the claim to the Registrar.

Penalty: One hundred dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 174.
Forging or uttering electoral papers.

SECT

174. (1) A person shall not-

(a) forge any electoral paper, or

(b) utter any forged electoral paper, knowing it to be forged.

Penalty: Imprisonment for two years.

(2) In this section the words ''electoral paper'' include any prescribed form.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 175.
Employers to allow employees leave of absence to vote.

SECT

175. (1) If an employe' who is an elector notifies his employer before the polling day that he desires leave of absence to enable him to vote at any election, the employer shall, if the absence desired is necessary to enable the employe' to vote at the election, allow him leave of absence without any penalty or disproportionate deduction of pay for such reasonable period not exceeding two hours as is necessary to enable the employe' to vote at the election.

(2) No employe' shall under pretence that he intends to vote at the election, but without the bona fide intention of doing so, obtain leave of absence under this section.

(3) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.
Penalty amended by No. 93, 1966, s. 3. Penalty: Ten dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 176.
Protection of the official mark.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
176. (1) A person shall not, without lawful authority, proof whereof shall lie upon him-

(a) make any official mark on or in any paper;

(b) have in his possession any paper bearing any official mark; or

(c) make use of or have in his possession any instrument capable of making on or in any paper an official mark.

Penalty: Two hundred dollars.

(2) A person who, without lawful authority, proof whereof shall lie upon him, makes on or in any ballot-paper, or on or in any paper purporting to be a ballot-paper, an official mark, shall be deemed to have a forged ballot-paper, and shall be punishable accordingly.

(3) All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof whereof shall lie upon him) shall be forfeited to the King, and may without warrant be seized by any member of the police force of the Commonwealth or of a State and destroyed or dealt with as prescribed.

(4) In this section the words ''official mark'' mean any prescribed mark to be placed or made on or in any electoral paper, and include any mark so nearly resembling an official mark as to be likely to deceive.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 177.
Disorderly behaviour at meeting.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
177. (1) Any person who, at any public meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held shall be guilty of an offence against this Act.

Penalty: Ten dollars, or imprisonment for one month.

(2) This section applies to any lawful public political meeting held in relation to any election of members of the Parliament between the date of the issue of the writ for the election and the date of the return of the writ.
Added by No. 9, 1934, s. 11.

(3) The chairman of any meeting to which this section applies may direct any member of the Police Force of a State or Territory, or of the Commonwealth, to remove from the room or building in which the meeting is being held any person who, in the opinion of the chairman, is preventing the transaction of the business for which the meeting is held, and thereupon the member may take such steps as are necessary for the removal of the person from the room or building.
Added by No. 9, 1934, s. 11; amended by No. 93, 1966, s. 3.

(4) Any person-

(a) who has been removed from a room or building in accordance with a direction given under the last preceding sub-section; or

(b) whose removal from a room or building has been directed under the last preceding sub-section and who has left that room or building,
and who, without the authority of the chairman (proof whereof shall lie upon that person) returns to that room or building while the meeting is in progress, shall be guilty of an offence.

Penalty: Twenty dollars, or imprisonment for one month.
Added by No. 9, 1934, s. 11.

(5) A member of the Police Force of a State or Territory, or of the Commonwealth, may arrest without warrant any person who commits an offence against the last preceding sub-section.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 178.
Neglect to initial ballot-paper, &c.

SECT

Amended by No. 93, 1966, s. 3.
178. Any officer who, contrary to his duty, fails to initial any ballot-paper, correctly mark any certified list of voters, or properly attest any declaration shall be guilty of an offence.

Penalty: Twenty dollars.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 179.
Offender may be removed from polling booth.

SECT

179. Any person who in any polling booth on polling day misconducts himself, or fails to obey the lawful directions of the presiding officer, shall be guilty of an offence and may be removed from the polling booth by any constable or by any person authorized by the presiding officer.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 180.
Further punishment.

SECT

180. Any person who has been removed from a polling booth by direction of the presiding officer under the authority of the preceding section, and who re-enters the polling booth without the permission of the presiding officer, shall be guilty of a further electoral offence, punishable on conviction by twice the penalty prescribed in the table for the original offence.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 181.
Defamation of candidate.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
181. (1) A person shall not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.

Penalty: Two hundred dollars, or imprisonment for six months:

Provided always that it shall be a defence to a prosecution for an offence against this sub-section if the defendant proves that he had reasonable ground for believing and did in fact believe the statement made or published by him to be true.

(2) Any person who makes a false and defamatory statement in relation to the personal character or conduct of a candidate in contravention of this section may be restrained by injunction at the suit of the candidate aggrieved, from repeating the statement or any similar false and defamatory statement.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 181A.
Publication of matter regarding candidates.

SECT

Inserted by No. 19, 1940, s. 21.
Sub-section (1) amended by No. 93, 1966, s. 3.
181A. (1) If, in any matter announced or published by any person, or caused by him to be announced or published, on behalf of any association, league, organization or other body of persons, it is, without the written authority of the candidate (proof whereof shall lie upon that person),-

(a) claimed or suggested that a candidate in an election is associated with, or supports the policy or activities of, that association, league, organization or other body of persons; or

(b) expressly or impliedly advocated or suggested-

(i) in the case of an election of Senators for any State-that a voter should place in the square opposite the name of a candidate on a ballot-paper a number not greater than the number of Senators to be elected; or

(ii) in the case of an election of a Member of the House of Representatives-that that candidate is the candidate for whom the first preference vote should be given,
that person shall be guilty of an offence.

Penalty: One hundred dollars or imprisonment for three months.

(2) Where any matter, the announcement or publication of which by any person without the written authority of a candidate would be an offence against sub-section (1) of this section on the part of that person, is announced or published by or on behalf of, or with the support of, any association, league, organization or other body of persons, every person who was an officer thereof at the time of that announcement or publication shall be deemed to be guilty of an offence against sub-section (1) of this section.

(3) For the purposes of this section, where any matter purports expressly or impliedly to be announced or published by or on behalf of, or in the interests or with the support of, any association, league, organization or other body of persons, the matter shall, in the absence of proof to the contrary, be deemed to be announced or published by or on behalf, or with the support, of the association, league, organization or other body of persons.

(4) Nothing in the foregoing provisions of this section shall apply to or in relation to any announcement or publication made or authorized by any bona fide political party or by any bona fide branch thereof respecting a candidate who, by public announcement, has declared his candidature to be a candidature on behalf of or in the interests of that party.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 182.
Liability for indirect acts.

SECT

182. Every person shall be liable for an illegal practice committed directly or indirectly by himself, or by any other person on his behalf, and with his knowledge or authority.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 183.
Method of disputing elections.

SECT

PART XVIII-COURT OF DISPUTED RETURNS

Division 1-Disputed Elections and Returns
183. (1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.
Amended by No. 19, 1940, s. 22.

(2) The choice of a person to hold the place of a Senator by the Houses of Parliament of a State or the appointment of a person to hold the place of a Senator by the Governor of a State under section fifteen of the Constitution shall be deemed to be an election within the meaning of this section, and the provisions of this Division shall, so far as applicable, have effect as if that choice or appointment were an election within the meaning of this Division.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 184.
The Court of Disputed Returns.

SECT

184. (1) The High Court shall be the Court of Disputed Returns, and shall have jurisdiction either to try the petition or to refer it for trial to the Supreme Court of the State in which the election was held or return made.

(2) When a petition has been so referred for trial to the Supreme Court of a State, that Court shall have jurisdiction to try the petition, and shall in respect of the petition be and have all the powers and functions of the Court of Disputed Returns.

(3) The jurisdiction of the High Court or of the Supreme Court of a State sitting as a Court of Disputed Returns, or in the exercise of powers conferred by this section, may be exercised by a single Justice or Judge.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 185.
Requisites of petition.

SECT

Amended by No. 19, 1940, s. 23.
185. Every petition disputing an election or return in this Part of this Act called the petition shall-

(a) set out the facts relied on to invalidate the election or return:

(b) contain a prayer asking for the relief the petitioner claims to be entitled to:

(c) be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat, or, in the case of the choice or the appointment of a person to hold the place of a Senator under section fifteen of the Constitution, by a person qualified to vote at Senate elections in the State at the date of the choice or appointment:

(d) be attested by two witnesses whose occupations and addresses are stated:

(e) be filed in the Principal Registry of the High Court or in the District Registry of that Court in the capital city of the State in which the election was held within forty days after the return of the writ; or (if the facts relied on in support of the petition are breaches by a candidate of the provisions of Part XVI of this Act) within forty days after the filing by the candidate of the return of his electoral expenses; or, in the case of the choice or the appointment of a person to hold the place of a Senator under section fifteen of the Constitution, within forty days after the notification of that choice or appointment.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 186.
Deposit as security for costs.

SECT

Amended by No. 93, 1966, s. 3.
186. At the time of filing the petition the petitioner shall deposit with the Principal Registrar or District Registrar (as the case may be) of the High Court the sum of One hundred dollars as security for costs.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 187.
No proceedings unless requisites complied with.

SECT

187. No proceedings shall be had on the petition unless the requirements of the preceding sections are complied with.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 188.
Right of Chief Electoral Officer to be represented.

SECT

188. The Chief Electoral Officer shall be entitled by leave of the Court of Disputed Returns to enter an appearance in any proceedings in which the validity of any election or return is disputed, and to be represented and heard thereon, and in such case shall be deemed to be a party respondent to the petition.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 189.
Powers of Court.

SECT

Sub-section (1) amended by No. 14, 1922, s. 23.
189. (1) The Court of Disputed Returns shall sit as an open Court and its powers shall include the following:-

(i) To adjourn:

(ii) To compel the attendance of witnesses and the production of documents:

(iia) To grant to any party to a petition leave to inspect in the presence of a prescribed officer the rolls and other documents (except ballot-papers) used at or in connexion with any election and to take, in the presence of the prescribed officer, extracts from those rolls and documents:

(iii) To examine witnesses on oath:

(iv) To declare that any person who was returned as elected was not duly elected:

(v) To declare any candidate duly elected who was not returned as elected:

(vi) To declare any election absolutely void:

(vii) To dismiss or uphold the petition in whole or in part:

(viii) To award costs:

(ix) To punish any contempt of its authority by fine or imprisonment.

(2) The Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.

(3) Without limiting the powers conferred by this section, it is hereby declared that the power of the Court to declare that any person who was returned as elected was not duly elected, or to declare an election absolutely void, may be exercised on the ground that illegal practices were committed in connexion with the election.
Section 189A repealed by No. 48, 1965, s. 18.
* * * * * * * *

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 190.
Inquiries by Court.

SECT

190. The Court shall inquire whether or not the petition is duly signed, and so far as Rolls and voting are concerned may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the Roll to be correct, but the Court shall not inquire into the correctness of any Roll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 191.
Voiding election for illegal practices.

SECT

191. (1) If the Court of Disputed Returns finds that a candidate has committed or has attempted to commit bribery or undue influence, his election, if he is a successful candidate, shall be declared void.

(2) No finding by the Court of Disputed Returns shall bar or prejudice any prosecution for any illegal practice.

(3) The Court of Disputed Returns shall not declare that any person returned as elected was not duly elected, or declare any election void-

(a) on the ground of any illegal practice committed by any person other than the candidate and without his knowledge or authority; or

(b) on the ground of any illegal practice other than bribery or corruption or attempted bribery or corruption,
unless the Court is satisfied that the result of the election was likely to be affected, and that it is just that the candidate should be declared not to be duly elected or that the election should be declared void.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 192.
Court to report cases of illegal practices.

SECT

192. When the Court of Disputed Returns finds that any person has committed an illegal practice, the Principal Registrar or District Registrar of the High Court shall forthwith report the finding to the Minister.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 193.
Real justice to be observed.

SECT

193. The Court shall be guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities, or whether the evidence before it is in accordance with the law of evidence or not.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 194.
Immaterial errors not to vitiate election.

SECT

Amended by No. 14, 1922, s. 25.
194. No election shall be avoided on account of any delay in the declaration of nominations, the polling, or the return of the writ, or on account of the absence or error of or omission by any officer which did not affect the result of the election:

Provided that where any elector was, on account of the absence or error of, or omission by, any officer, prevented from voting in any election, the Court shall not, for the purpose of determining whether the absence or error of, or omission by, the officer did or did not affect the result of the election, admit any evidence of the way in which the elector intended to vote in the election.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 194A.
Evidence that person not permitted to vote.

SECT

Inserted by No. 14, 1922, s. 26.
194A. On the trial of any petition the Court shall not admit the evidence of any witness that he was not permitted to vote in any election during the hours of polling on polling day unless the witness satisfies the Court-

(a) that he claimed to vote, in the election, pursuant to that provision of this Act under which he was entitled or might be permitted to vote; and

(b) that he complied with the requirements of this Act and the regulations made thereunder relative to voting by electors in so far as he was permitted so to do.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 195.
Decisions to be final.

SECT

195. All decisions of the Court shall be final and conclusive and without appeal, and shall not be questioned in any way.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 196.
Copies of petition and order of Court to be sent to House affected.

SECT

196. The Principal Registrar or District Registrar of the High Court shall forthwith after the filing of the petition forward to the Clerk of the House of the Parliament affected by the petition a copy of the petition, and after the trial of the petition shall forthwith forward to such Clerk a copy of the order of the Court.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 197.
Counsel or solicitor.

SECT

197. (1) No party to the petition shall, except by consent of all parties, or by leave of the Court, be represented by counsel or solicitor.

(2) In no case shall more than one counsel or one solicitor appear on behalf of any party.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 198.
Costs.

SECT

198. The Court may award costs against an unsuccessful party to the petition.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 199.
Deposit applicable for costs.

SECT

199. If costs are awarded to any party against the petitioner, the deposit shall be applicable in payment of the sum ordered, but otherwise the deposit shall be repaid to the petitioner.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 200.
Other costs.

SECT

200. All other costs awarded by the Court, including any balance above the deposit payable by the petitioner, shall be recoverable as if the order of the Court were a judgment of the High Court of Australia, and such order, certified by the Court, may be entered as a judgment of the High Court of Australia, and enforced accordingly.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 201.
Effect of decision.

SECT

201. Effect shall be given to any decision of the Court as follows:-

(i) If any person returned is declared not to have been duly elected, he shall cease to be a Senator or Member of the House of Representatives:

(ii) If any person not returned is declared to have been duly elected, he may take his seat accordingly:

(iii) If any election is declared absolutely void a new election shall be held.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 202.
Power to make Rules of Court.

SECT

202. (1) The Justices of the High Court or a majority of them may make Rules of Court not inconsistent with this Act for carrying this Part of this Act into effect and in particular for regulating the practice and procedure of the Court the forms to be used and the fees to be paid by parties.
Substituted by No. 19, 1940, s. 24.

(2) All Rules of Court made in pursuance of this section shall-

(a) be notified in the Gazette;

(b) take effect from the date of notification or from a later date specified in the Rules; and

(c) be laid before each House of the Parliament within fifteen sitting days of that House after the making of those Rules.
Added by No. 19, 1940, s. 24.

(3) If either House of the Parliament passes a resolution, of which notice has been given within fifteen sitting days after the Rules have been laid before the House, disallowing any Rule, that Rule shall thereupon cease to have effect.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 203.
Reference of question as to qualification or vacancy.

SECT

Division 2-Qualifications and Vacancies
203. Any question respecting the qualifications of a Senator or of a Member of the House of Representatives or respecting a vacancy in either House of the Parliament may be referred by resolution to the Court of Disputed Returns by the House in which the question arises and the Court of Disputed Returns shall thereupon have jurisdiction to hear and determine the question.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 204.
President or Speaker to state case.

SECT

204. When any question is referred to the Court of Disputed Returns under this Part of this Act, the President if the question arises in the Senate, or the Speaker if the question arises in the House of Representatives, shall transmit to the Court of Disputed Returns a statement of the question upon which the determination of the Court is desired, together with any proceedings, papers, reports, or documents relating to the question in the possession of the House in which the question arises.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 205.
Parties to the reference.

SECT

205. The Court of Disputed Returns may allow any person who in the opinion of the Court is interested in the determination of any question referred to it under this Part of this Act to be heard on the hearing of the reference, or may direct notice of the reference to be served on any person, and any person so allowed to be heard or so directed to be served shall be deemed to be a party to the reference.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 206.
Powers of Court.

SECT

206. On the hearing of any reference under this Part of this Act the Court of Disputed Returns shall sit as an open Court and shall have the powers conferred by section one hundred and eighty-nine of this Act so far as they are applicable, and in addition thereto shall have power-

(a) to declare that any person was not qualified to be a Senator or a Member of the House of Representatives;

(b) to declare that any person was not capable of being chosen or of sitting as a Senator or a Member of the House of Representatives; and

(c) to declare that there is a vacancy in the Senate or in the House of Representatives.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 207.
Order to be sent to House affected.

SECT

207. After the hearing and determination of any reference under this Part of this Act the Principal Registrar or District Registrar of the High Court shall forthwith forward to the Clerk of the House by which the question has been referred a copy of the order or declaration of the Court of Disputed Returns.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 208.
Application of certain sections.

SECT

208. The provisions of sections one hundred and ninety-three, one hundred and ninety-five, one hundred and ninety-seven, one hundred and ninety-eight, two hundred, two hundred and one and two hundred and two shall apply so far as applicable to proceedings on a reference to the Court of Disputed Returns under this Part of this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 209.
Institution of proceedings for offences.

SECT

PART XIX-MISCELLANEOUS
209. The Chief Electoral Officer shall, in every case where the Crown Law authorities so advise, institute legal proceedings against any person committing any offence against this Act:

Provided that this section shall not affect the right of any person to institute proceedings in respect of any offence against this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 210.
Certificate evidence.

SECT

210. On any prosecution under this Act the certificate of the Chief Electoral Officer, Commonwealth Electoral Officer for a State, or Divisional Returning Officer that the election mentioned in the certificate was duly held and that the person named in the certificate was a candidate at the election shall be evidence of the matter stated.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 211.
Disqualification for bribery or undue influence.

SECT

211. Any person who-

(a) is convicted of bribery or undue influence, or of attempted bribery or undue influence, at an election; or

(b) is found by the Court of Disputed Returns to have committed or attempted to commit bribery or undue influence when a candidate
shall, during a period of two years from the date of the conviction or finding, be incapable of being chosen or of sitting as a Member of either House of the Parliament.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 212.
Rates for telegrams.

SECT

Substituted by No. 9, 1934, s. 12.
212. Telegrams despatched after an election and containing the names of Divisions and Subdivisions, the names of candidates, the number of votes polled by each candidate, and the number of informal votes may, subject to the regulations, be transmitted at the rates set out in paragraph (a) of Part II of the Second Schedule to the Post and Telegraph Rates Act 1902-1931, if the telegrams are transmitted from one State to another State, and at the rates set out in paragraph (b) of Part II of that Schedule for telegrams within any State, if the telegrams are transmitted within any State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 213.
Electoral matter to be sent free by post.

SECT

213. All electoral papers provided for by this Act may be transmitted through the post free of charge, subject to any postal regulations, and all papers so transmitted, if duly addressed, shall, on proof of posting, unless the contrary be shown, be deemed to have been duly served on and received by the person to whom they were addressed on the day when in the ordinary course of post they should have been received at his address.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 214.
Electoral matter may be sent by telegraph.

SECT

214. (1) In all cases where it is impracticable to communicate any electoral matter by post without occasioning undue delay, any telegraphic advice communicated in the ordinary course shall suffice for all the purposes of this Act as if the matter telegraphed had been communicated in manner provided by this Act.
Added by No. 2, 1929, s. 2.

(2) Where after the result of a House of Representatives election has been declared, the Returning Officer has certified, by telegram addressed to the Chief Electoral Officer-

(a) that by reason of distance, or the infrequency of, or any interruption to, the postal services, the writ for the election, indorsed by the Returning Officer with the name of the candidate elected, cannot reach the Governor-General, or the Speaker, as the case may be, within seven days; and

(b) the name of the candidate elected,
the Chief Electoral Officer may indorse upon a copy of the writ a certified copy of the telegram received by him, and the copy writ so indorsed shall have the same force and effect as if it were the original writ duly indorsed by the Returning Officer:

Provided that if, upon the return of the original writ to the Governor-General or the Speaker, as the case may be, any dis-conformity is found to exist between the original writ and the copy writ as to the name of the candidate elected, the copy writ shall thereupon cease to have any force or effect, and action shall be taken in accordance with the indorsement on the original writ.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 215.
Averments deemed to be proved.

SECT

Amended by No. 17, 1928, s. 30.
215. In any prosecution in a court of summary jurisdiction in respect of a contravention of the provisions of this Act or the regulations relating to compulsory enrolment or compulsory voting, instituted by an officer or by any person acting under the direction of an officer, the averments of the prosecutor contained in the information or complaint shall be deemed to be proved in the absence of evidence to the contrary.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 216.
Defendant may be called upon to give evidence.

SECT

Amended by No. 19, 1940, s. 25.
216. Where any person has secured enrolment in pursuance of an electoral claim, or has made a claim for enrolment or transfer of enrolment and any proceedings arise in any court of competent jurisdiction in respect of such claim for enrolment or transfer of enrolment the person may be called upon to give evidence upon oath to the court as to the truth of the statements contained in the claim for enrolment or transfer of enrolment.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 216A.
Production of claims for enrolment, &c.

SECT

Inserted by No. 26, 1961, s. 16.
216A. (1) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required-

(a) to produce in court a claim for enrolment or transfer of enrolment under this Act; or

(b) to divulge or communicate to a court any matter or thing in relation to a claim for enrolment or transfer of enrolment under this Act, being a matter or thing that has come under his notice in the performance of his duties or functions under this Act.

(2) In this section, ''officer'' includes any person performing duties, or exercising powers or functions, under or in relation to this Act.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 217.
Forms.

SECT

217. (1) Strict compliance with the forms in the Schedule shall not be required, and substantial compliance therewith shall suffice for the purposes of this Act.

(2) The forms in the Schedule may, subject to the provisions of this Act, be altered by the regulations.

(3) The regulations may prescribe combined forms containing the substance of any two or more forms to the intent that the combined form may be used in lieu of any of those forms.

(4) The regulations may permit the use of any repealed form for any prescribed period, notwithstanding that a new form has been prescribed in lieu of it, and without any attestation or witnessing further than is provided for in the repealed form.

(5) In the last preceding sub-section ''repealed form'' includes-

(a) a form prescribed under any Act repealed by this Act and in force at the commencement of this Act; and

(b) a form prescribed by any regulations made under this Act and subsequently repealed.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 218.
Preservation of ballot-papers.

SECT

218. All ballot-papers, certified lists of voters, and declarations used at or in connexion with an election shall be preserved as prescribed, until the election can no longer be questioned when they shall be destroyed:

Provided that such ballot-papers, certified lists of voters, and declarations shall be preserved for a period of at least six months from the date of the declaration of the poll.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 218A.
No State referendum or vote to be held on polling day.

SECT

Inserted by No. 14, 1922, s. 27.
218A. On the day appointed as polling day for an election of the Senate or a general election of the House of Representatives, or the day fixed for the taking of the votes of the electors for the purposes of a referendum held under the provisions of the Referendum (Constitution Alteration) Act 1906-1919, no election or referendum or vote of the electors of any State or part of a State shall, without the authority of the Governor-General, be held or taken under the law of a State.

COMMONWEALTH ELECTORAL ACT 1918-1973 - SECT. 219.
Regulations.

SECT

Amended by No. 10, 1924, s. 3; and No. 93, 1966, s. 3.
219. The Governor-General may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act, and in particular-

(a) prescribing penalties not exceeding Four dollars for any contravention of any regulation made in pursuance of this Act;

(b) prescribing the procedure in relation to the imposition and recovery of penalties for offences against the compulsory enrolment or compulsory voting provisions of this Act; and

(c) the grounds upon which postal ballot-papers are to be rejected as informal.

-----------

COMMONWEALTH ELECTORAL ACT 1918-1973 - THE SCHEDULE

SCH


THE SCHEDULE
Section 59.
Amended by No. 26, 1961, s. 17.
FORM A

Writ for the election of Senators.*

COMMONWEALTH OF AUSTRALIA

HIS MAJESTY THE KING

To the Commonwealth Electoral Officer for the State of [here insert name of State].
GREETING.

We command you to cause election to be made according to law of [here insert number] Senators for our State of [here insert name of State] to serve in the Senate of the Parliament of the Commonwealth of Australia from and after [here insert ''the date of their election'' or ''the day of 19 '' as the case may be]. And we appoint the day of 19 , at twelve o'clock noon to be the day and time before which nominations of Senators at and for the said election are to be made. And we appoint the day of
19 , to be the day on which the poll is to be taken in the event of the said election being contested. And we appoint [here insert name of building] at [here insert name of town] to be the place of nomination at the said election. And we command you to indorse on this our writ the names of the Senators elected and to return it so indorsed to our Governor in and over our said State on or before the day of 19 .

Witness [here insert the title of the Governor of the State issuing the writ] at [here insert place] in our said State the day of in the year of our Lord One thousand nine hundred and .

By His Excellency's command,
Section 59.
FORM B

Writ for the Election of a Member of the House of Representatives.

COMMONWEALTH OF AUSTRALIA

HIS MAJESTY THE KING

To Returning Officer for the Electoral Division of [here insert name of Division] in the State of [here insert name of State].
GREETING.

We command you that you cause election to be made according to law of one Member of the House of Representatives for the Electoral Division of [here insert name of Division], in the State of [here insert name of State], to serve in the Parliament of our Commonwealth of Australia, and we appoint the following dates for the purposes of the said election:-

1. For nomination the day of 19 .

2. For taking the poll at the different polling-places in the event of the election being contested the day of 19 .

3. For the return of the writ on or before the day
of 19 .

Witness [here insert the Governor-General's title] at [here insert place] the
day of in the year of our Lord One thousand nine hundred and
.

By His Excellency's command,
Section 71.
Amended by No. 14, 1921, s. 3; and No.9, 1934, s. 13.
FORM C

COMMONWEALTH OF AUSTRALIA

State of [here insert name of State].

Nomination of Senator.*
To the Commonwealth Electoral Officer for the State of [here insert name of State].

We, the undersigned Electors on the Electoral Roll for the State of [here insert name of State], and entitled to vote at the election of Senators for the said State do hereby nominate [here insert the christian name or names in full, surname, place of residence, and occupation of the person nominated] as a Senator for the State of [here insert name of State] to serve in the Senate of the Parliament of the Commonwealth.

Dated this day of 19 .
------------------------------------------------------------------------------ --

Signature of Nominator Place of Living Subdivision for which
enrolled Number on Roll ------------------------------------------------------------------------------ --

------------------------------------------------------------------------------ --

I, of consent to the above nomination, and to act if elected, and declare that I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator.

[Signature of Candidate.]

Witness-

Address-

N.B.-The Candidate's consent to the nomination and his declaration of qualification may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.
A nomination must be signed by not less than six persons entitled to vote at the election for which the candidate is nominated.
Section 71.
Amended by No. 14, 1921, s. 4.
FORM D

COMMONWEALTH OF AUSTRALIA

State of [here insert name of State].

Division of [here insert name of Division].

Nomination of a Member of the House of Representatives.
To the Returning Officer for the Electoral Division of [here insert name of Division].

We, the undersigned electors on the Electoral Roll for the Electoral Division of [here insert name of Division], in the State of [here insert name of State], and entitled to vote at the Election of a Member of the House of Representatives for the said Division, do hereby nominate [here insert the christian name or names in full, surname, place of residence, and occupation of person nominated] as a Member of the House of Representatives for the above-mentioned Division.

Dated this day of 19 .
------------------------------------------------------------------------------ --
Signature of Nominator Place of Living Subdivision for which
enrolled Number on Roll ------------------------------------------------------------------------------ --

------------------------------------------------------------------------------ --

I, of consent to the above nomination, and to act if elected, and declare that I am qualified under the Constitution and the laws of the Commonwealth to be elected as a Member of the House of Representatives.

[Signature of Candidate.]

Witness-

Address-

N.B.-The Candidate's consent to the nomination and his declaration of qualification may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.

A nomination must be signed by not less than six persons entitled to vote at the election for which the candidate is nominated.
Substituted by No. 19, 1940, s. 26.
FORM E

Ballot Paper

COMMONWEALTH OF AUSTRALIA

State of [here insert name of State].

Election of [here insert number] Senators.

Directions.-Mark your vote on this ballot-paper by placing the numbers [here insert 1, 2, and so on, as the case requires] in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them.

CANDIDATES ------------------------------------------------------------------------------ --

A .............. B .............. C .............. ............
A .............. B .............. C .............. ............
A .............. B .............. .............
------------------------------------------------------------------------------ --
NOTE.-The letter ''A'' or ''B'' or ''C'' &c., appearing before the square immediately to the left of a candidate's surname indicates that that candidate and each other candidate who has the same letter appearing before the square immediately to the left of his surname have been grouped by mutual consent.

The fact that no letter appears before the square immediately to the left of a candidate's surname indicates that the name of that candidate has not been included in any group.
Section 105.
Amended by No. 19, 1940, s. 27.
FORM F

Ballot-paper

COMMONWEALTH OF AUSTRALIA

State of [here insert name of State].

Electoral Division of [here insert name of Division].

Election of one Member of the House of Representatives.

Directions.-Mark your vote on this ballot-paper by placing the numbers [here insert ''1 and 2'' where there are two candidates, ''1, 2 and 3'' where there are three candidates, ''1, 2, 3 and 4'' where there are four candidates, and so on as the case requires] in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them.

CANDIDATES
BROOKMAN, JOHN.
CRANE, JOSEPH.
FRENCH, CHARLES.
KING, WILLIAM.
WILSON, HENRY.
Section 151.
Amended by No. 93, 1966, s. 3.
FORM G

COMMONWEALTH OF AUSTRALIA

State of

The Commonwealth Electoral Act 1918.

Return of Electoral Expenses
*Insert name and address of candidate. #Insert day of polling or if no opposition date of nomination.
I,* a candidate at the election of held on the#
day of 19 (in the State of , or in the Electoral Division of in the State of , as the case requires), make the following return respecting my electoral expenses at the election:-

Expenditure

$
#The name and description and the nature of the work done by each person to whom any payment is made must be set out separately.
(1)# Paid for printing, advertising, publishing, issuing, and distributing addresses by me as candidate, and notices of meetings .
#The name, occupation, and address of each person to whom any sum is paid and the reason for which it was paid to him must be set out separately.
(2)# Paid for stationery, messages, postages, and telegrams . .
!!The name, occupation, and address of each person to whom any sum is paid and the reason for which it was paid to him must be set out separately.
(3) !! Paid for committee rooms . . . . . . . . . . . . . . . .
#The name, occupation, and address of each person to whom any sum is paid and the reason for which it was paid to him must be set out separately.
(4)# Paid for public meetings and halls therefor . . . . . . . .
**The name of each scrutineer, the name of the polling-place at which he was employed, and the sum paid to him must be set out separately.
(5)** Paid for scrutineers . . . . . . . . . . . . . . . . . . .
##The name, occupation, and address of each person whose claim is disputed, the ground of the claim, and its amount must be set out separately.
## In addition to the foregoing, I am aware of the following disputed and unpaid claims, viz. :-
----------

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . .
----------

And I do solemnly and sincerely declare that this return is true in every particular, and that, except as appears by this return, I have not, and no person has with my knowledge or authority, paid any electoral expense incurred by me or on my behalf or in my interest at or in connexion with the said election, or incurred any such expense or any liability for any such expense or given or promised any reward office employment or valuable consideration on account or in respect of any such expense.

[Signature of Candidate.]

Declared and subscribed before me this day of 19 .

Justice of the Peace.
------------------------------------------------------------------------------ --

COMMONWEALTH ELECTORAL ACT 1918-1973 - NOTES


NOTES
1. The Commonwealth Electoral Act 1918-1973 comprises the Commonwealth Electoral Act 1918 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------

Commonwealth Electoral
Act 1918 No. 27, 1918 21 Nov 1918 (a)
Commonwealth Electoral
Act 1919 No. 31, 1919 28 Oct 1919 28 Oct 1919 (b)
Commonwealth Electoral
Act 1921 No. 14, 1921 15 Dec 1921 15 Dec 1921 (b)
Commonwealth Electoral
Act 1922 No. 14, 1922 28 Sept 1922 4 Oct 1922 (b)
Commonwealth Electoral
Act 1924 No. 10, 1924 31 July 1924 31 July 1924 (b)
Commonwealth Electoral
Act 1925 No. 20, 1925 26 Sept 1925 26 Sept 1925 (b)
Commonwealth Electoral
Act 1928 No. 17, 1928 22 June 1928 22 June 1928 (b)
Commonwealth Electoral
Act 1929 No. 2, 1929 25 Feb 1929 25 Feb 1929
Commonwealth Electoral
Act 1934 No. 9, 1934 27 July 1934 27 July 1934 (b)
Commonwealth Electoral
Act 1940 No. 19, 1940 29 May 1940 16 Aug 1940 (b)
Commonwealth Electoral
Act 1946 No. 42, 1946 15 Aug 1946 15 Aug 1946 (c)
Commonwealth Electoral
Act 1948 No. 17, 1948 18 May 1948 18 May 1948
Commonwealth Electoral
Act 1949 No. 10, 1949 25 Mar 1949 22 Apr 1949 (c)
Commonwealth Electoral
Act (No. 2) 1949 No. 47, 1949 27 Oct 1949 27 Oct 1949 (c)
Commonwealth Electoral
Act 1952 No. 106, 1952 18 Nov 1952 16 Dec 1952
Commonwealth Electoral
Act 1953 No. 79, 1953 10 Dec 1953 7 Jan 1954 (c)
Commonwealth Electoral
Act 1961 No. 26, 1961 19 May 1961 16 June 1961 (c)
Commonwealth Electoral
Act 1962 No. 31, 1962 21 May 1962 18 June 1962
Commonwealth Electoral
Act 1965 No. 48, 1965 3 June 1965 1 July 1965 (c)
Commonwealth Electoral
Act (No. 2) 1965 No. 70, 1965 22 Nov 1965 1 July 1965
Commonwealth Electoral
Act 1966 No. 32, 1966 24 May 1966 24 May 1966
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Commonwealth Electoral
Act 1973 No. 7, 1973 16 Mar 1973 21 Mar 1973 (see
Gazette 1973, No.
33A, p. 1)
----------------------------------------------------------------------------

(a) The date fixed for the commencement of sections 1, 2, 3, 76, Part XII, sections 105, 113, 124, 133, 134, 136, 138, 139, 140, 168, 169, 174, 178 and 219 and Form F in the Schedule was 25 November 1918 (see Gazette 1918, p. 2257).

The date fixed for the commencement of the remaining provisions, except section 32, was 21 March 1919 (see Gazette 1919, p. 401).

The date fixed for the commencement of section 32 was 14 December 1920 (see Gazette 1920, p. 2277).

(b) Section 3 of the Commonwealth Electoral Act 1946 provides as follows:

''3. Each section inserted in the Commonwealth Electoral Act 1918, or in that Act as amended, by the Commonwealth Electoral Act 1919, the Commonwealth Electoral Act 1921, the Commonwealth Electoral Act 1922, the Commonwealth Electoral Act 1924, the Commonwealth Electoral Act 1925, the Commonwealth Electoral Act 1928, the Commonwealth Electoral Act 1934 or the Commonwealth Electoral Act 1940, shall be deemed to have commenced on the date of commencement of the section by which it was so inserted.''

(c) Section 2 of each of these Acts provides that the sections inserted in the Principal Act by each Act shall commence on the date of commencement of the relevant Act.

By section 2 of the Senate Elections Act 1903-1948, that Act is to be incorporated and read as one with the Commonwealth Electoral Act.

By section 3 of the Senate Elections Act 1966, that Act is to be incorporated and read as one with the Commonwealth Electoral Act and, to the extent that there is any inconsistency, the Senate Elections Act 1966 has effect notwithstanding the Commonwealth Electoral Act.
2.-S. 3-For Proclamations fixing the dates of repeal of these Acts; see Gazette 1918, p. 2257; 1919, p. 401; and 1934, p. 1351.
3.-Part II-See also the Australian Electoral Office Acts 1973, which relate to the administration of electoral laws.
4.-S. 39-Section 30FD of the Crimes Act 1914-1973 provides as follows:

''30FD. Any person who, at the date of any declaration made by the High Court or the Supreme Court of a State under this Part declaring any body of persons to be an unlawful association, is a member of the Committee or Executive of that association, shall not for a period of seven years from that date be entitled to have his name placed on or retained on any roll of electors for the Senate or House of Representatives, or to vote at any Senate election or House of Representatives election unless so entitled under section 41 of the Constitution.''
5.-S. 39B-Section 41 of the Constitution provides as follows:

''41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.''
6.-S. 59-Sections 12, 32 and 33 of the Constitution provide as follows:

''12. The Governor of any State may cause writs to be issued for elections of senators for the State. In case of the dissolution of the Senate the writs shall be issued within ten days from the proclamation of such dissolution.

''32. The Governor-General in Council may cause writs to be issued for general elections of members of the House of Representatives.

After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

''33. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth the Governor-General in Council may issue the writ.''
7.-S. 69-Note also sections 43 and 44 of the Constitution, which provide as follows:

''43. A member of either House of the Parliament shall be incapable of being chosen or of sitting as a member of the other House.

''44. Any person who-

(i) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power: or

(ii) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or

(iii) Is an undischarged bankrupt or insolvent: or

(iv) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or

(v) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

But sub-section (iv) does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half-pay, or a pension by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.''
8.-Sch.-See also the writs for the election of Senators set out in Schedule A to the Senate Elections Act 1903-1948 and in Forms B and C in the Schedule to the Senate Elections Act 1966.
9.-Sch.-See also the forms of nomination of Senators set out in Schedule B to the Senate Elections Act 1903-1948 and in Form D in the Schedule to the Senate Elections Act 1966. Forms of resignation of Senators who are candidates for election as Senators are set out in Schedule C to the Senate Elections Act 1903-1948 and in Form A in the Schedule to the Senate Elections Act 1966.