SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS
- Reprinted as at 31 January 1982 (HISTREG CHAP 280 #DATE 31:01:1982)
*1* The Senate (Representation of Territories) Regulations (in force under
the
Senate (Representation of Territories) Act 1973) as shown in this reprint
comprise Statutory Rules 1975 No. 208 as amended by the other Statutory Rules
specified in the following table:
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Application,
saving Year and Date of notification Date of or
transitional
number in Gazette commencement provisions
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1975 No. 208 14 Nov 1975 14 Nov 1975
1980 No. 242 27 Aug 1980 27 Aug 1980 -
275 18 Sept 1980 18 Sept 1980 -
1981 No. 111 26 May 1981 26 May 1981 -
142 16 June 1981 16 June 1981 -
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SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Application of the Commonwealth Electoral Act
3. Application of the Electoral and Referendum Regulations
SCHEDULE 1
EXCEPTIONS, MODIFICATIONS, ADAPTATIONS: COMMONWEALTH ELECTORAL ACT
SCHEDULE 2
EXCEPTIONS, MODIFICATIONS, ADAPTATIONS: ELECTORAL AND REFERENDUM
REGULATIONS
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SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Senate (Representation of
Territories) Regulations.*1*
See notes to first article of this CHAPTER.
SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - SECT. 2.
Application of the Commonwealth Electoral Act
2. The exceptions with which, and the modifications and adaptations subject
to which, the provisions of the Commonwealth Electoral Act 1918-1975 apply to
and in relation to an election of a senator or senators for a Territory are
the exceptions, modifications and adaptations specified in Schedule 1.
SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - SECT. 3.
Application of the Electoral and Referendum Regulations
3. (1) Subject to the Senate (Representation of Territories) Act 1973 and
the provisions of the Commonwealth Electoral Act 1918-1975 in their
application to and in relation to an election of a senator or senators for a
Territory, the provisions of the Electoral and Referendum Regulations as in
force from time to time apply, with the exceptions and subject to the
modifications and adaptations specified in Schedule 2, to and in relation to
an election of a senator or senators for a Territory in like manner as they
apply to and in relation to an election of a senator or senators for a State
and they so apply as if the Territory were a State.
(2) The provisions of the Electoral and Referendum Regulations in their
application by virtue of sub-regulation (1) to and in relation to an election
of a senator or senators for a Territory shall be read and construed as if
those provisions were made for the purposes of the provisions of the
Commonwealth Electoral Act 1918-1975 as they apply to and in relation to that
election.
(3) Unless the contrary intention appears, words and expressions used in the
provisions of the Electoral and Referendum Regulations in their application to
and in relation to an election of a senator or senators for a Territory have
the same meanings respectively as those words and expressions have in the
provisions of the Commonwealth Electoral Act 1918-1975 in their application to
and in relation to such an election.
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SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - SCHEDULE 1
Schedule 1 amended by 1980 No. 242; 1981 No. 142
SCH
SCHEDULE 1
Regulation
2
EXCEPTIONS, MODIFICATIONS AND ADAPTATIONS: COMMONWEALTH ELECTORAL ACT IN
ITS APPLICATION TO AND IN RELATION TO ELECTIONS OF SENATORS FOR
THE
AUSTRALIAN CAPITAL TERRITORY AND THE NORTHERN TERRITORY OF AUSTRALIA
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-- Exceptions, modifications and adaptations
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-- Section 5 . . . . . . Omit definition of ''Division'', substitute the
following definitions:
'' 'District' means an Electoral District of the
Northern Territory of Australia the boundaries of
which are prescribed by the Northern Territory Electoral
Districts Regulations;
'Division' means-
(a) in relation to an election of a Senator or
Senators for the Australian Capital Territory-an
Electoral Division referred to in sub-section 6 (1)
of
the Australian Capital Territory Representation
(House
of Representatives) Acts 1973; and
(b) in relation to an election of a Senator or
Senators for the Northern Territory of Australia-the
Northern Territory of Australia;''
Omit definition of ''Subdivision'', substitute the
following definitions:
'' 'Territory' has the same meaning as in the
Senate
(Representation of Territories) Act 1973;
'the Australian Capital Territory' has the same
meaning as in the Senate (Representation of
Territories) Act 1973.''
Add at the end the following:
'' (2) In relation to an election of a Senator or
Senators for the Australian Capital Territory,
unless
the contrary intention appears-
(a) a reference to a Subdivision shall be read as a
reference to a Division; and
(b) a reference to a Divisional Returning Officer
for
a Division shall be read as a reference to the
Returning Officer for the Division appointed under
the
Australian Capital Territory Representation
Regulations.
''(3) In relation to an election of a Senator or
Senators for the Northern Territory of Australia,
unless the contrary intention appears-
(a) a reference to a Subdivision shall be read as a
reference to a District; and
(b) a reference to a Divisional Returning Officer
for
a Division shall be read as a reference to the
Returning Officer for the Northern Territory of
Australia appointed under the Northern Territory
Electoral Regulations.
''(4) Unless the contrary intention appears, a
reference to a Division, Subdivision or District for
which an elector is enrolled shall be read as a
reference to-
(a) in the case of an elector of the Australian
Capital Territory-the Division that corresponds to
the
Division for which the elector is enrolled for the
purposes of an election of a Member or Members of
the
House of Representatives under and in accordance
with
the Australian Capital Territory Representation
(House
of Representatives) Acts 1973; or
(b) in the case of an elector of the Northern
Territory of Australia-the District that corresponds
to the District for which the elector is enrolled for the
purposes of an election of a Member of the House of
Representatives under and in accordance with the
Northern Territory Representation Act 1922-1968.''
Section 7 . . . . . . Omit ''a Commonwealth Electoral Officer'',
substitute
''an Electoral Officer''
Add at the end the following:
''(2) An Electoral Officer for a Territory shall be
appointed by the Chief Australian Electoral Officer.
''(3) Unless the contrary intention appears, a
reference to a Commonwealth Electoral Officer other
than the Chief Electoral Officer for the
Commonwealth
shall, in relation to an election of a Senator or
Senators for a Territory, be read as a reference to
the Electoral Officer for the Territory.''
Section 9 . . . . . . Omit from sub-section (1A) ''(other than those
relating to postal voting)''
Section 10 . . . . . Omit
Sections 14-26 . . . Omit
Section 27 . . . . . Omit ''Minister'', substitute ''Chief Australian
Electoral Officer''
Section 28 . . . . . Omit
Sections 29 and 30 . Substitute the following:
''29. In relation to an election of a Senator or
Senators for a Territory, there shall be a Roll of
Electors for the Territory.
''30. (1) The Rolls kept under and in accordance
with
the Australian Capital Territory Representation
Regulations as in force from time to time in respect
of the Divisions of the Australian Capital Territory,
being the Rolls of persons enrolled for those
Divisions who would be entitled to vote at an election of a
Member or Members of the House of Representatives
for
the Australian Capital Territory if a writ for such
an
election were issued at the same time as the writ
for
the election of a Senator or Senators for the
Australian Capital Territory, shall together form
the
Roll of Electors for the Australian Capital
Territory.
''(2) The Rolls kept under and in accordance with
the
Northern Territory Electoral Regulations as in force
from time to time in respect of the Electoral
Districts of the Northern Territory of Australia, being the Rolls of persons
enrolled for those Districts who would be
entitled to vote at an election of a Member of the
House of Representatives for the Northern Territory
of
Australia if a writ for such an election were issued
at the same time as the writ for the election of a Senator or Senators for the
Northern Territory of Australia,
shall together form the Roll of Electors for the
Northern Territory of Australia.''
Sections 31-38 . . . Omit
Section 39 . . . . . Omit sub-sections (1) and (5)
Section 39B . . . . . Omit
Sections 40-58 . . . Omit
Section 72 . . . . . Substitute the following:
''72. (1) A nomination as a Senator for the
Australian Capital Territory may, at any time after the issue of
the writ and before the hour of nomination, be
lodged
with the Electoral Officer for the Australian
Capital
Territory.
''(2) A nomination as a Senator for the Northern
Territory of Australia may be lodged-
(a) at any time after the issue of the writ and
before the hour of nomination, with the Electoral Officer for
the Northern Territory of Australia; or
(b) at any time after the issue of the writ and
not
less than 24 hours before the hour of nomination,
with- (i) an Assistant Returning Officer for a portion
of the Northern Territory of Australia; or
(ii) a Postmaster authorized for that purpose
by
the Electoral Officer for the Northern Territory of
Australia.
''(3) An Assistant Returning Officer or Postmaster
with whom a nomination has been lodged under
paragraph
(2) (b) shall forthwith telegraph to the Electoral
Officer for the Northern Territory of Australia
particulars of the nomination and of the deposit
referred to in paragraph 73 (c).''
Section 72A . . . . . Omit sub-section (2), substitute the following:
''(2) A group shall include the names of those
candidates only each of whom, after he has been
nominated, and not later than-
(a) in the case of a nomination lodged in
accordance
with sub-section 72 (1) or paragraph 72 (2) (a)-12
o'clock noon on the day of nomination; or
(b) in the case of a nomination lodged in
accordance
with paragraph 72 (2) (b)-24 hours before the hour
of
nomination,
notifies, in the prescribed manner, the person with
whom he lodged his 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.
''(2A) In respect of an election of a Senator or
Senators for the Northern Territory of Australia, an
Assistant Returning Officer or Postmaster who
receives
a notification under sub-section (2) shall forthwith
telegraph to the Electoral Officer for the Northern
Territory of Australia particulars of the
notification. ''(2B) A notification referred to in sub-section (2A)
shall not be valid unless telegraphic particulars of
the notification are received by the Electoral
Officer
for the Northern Territory of Australia before the
hour of nomination.''
Insert after ''the notification'' in sub-section (4)
''or telegraphic particulars of the notification, as
the case may be''
Insert after ''notifications'' in sub-section (5)
''or
telegraphic particulars of notifications, as the
case
may be,''
Omit from sub-section (6) ''that is held at a
general
election of members of the House of
Representatives''
Section 72B . . . . . Substitute the following:
''72B. (1) A candidate nominated for election to
the
Senate whose name is included in a group in
accordance
with the provisions of section 72A may, after he has
been nominated and not later than the latest time at
which a notification under section 72A may be made
by
him, notify the person with whom he lodged his
nomination of the order in which it is desired that
the names of the candidates in the group shall appear in
the ballot-papers, and where a notification in
accordance with this section is received from each
of
the candidates whose names are included in the group
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.
''(2) In respect of an election of a Senator or
Senators for the Northern Territory of Australia, an
Assistant Returning Officer or Postmaster who
receives
a notification under sub-section (1) shall forthwith
telegraph to the Electoral Officer for the Northern
Territory of Australia particulars of the
notification. ''(3) A notification referred to in sub-section (2)
shall not be valid unless telegraphic particulars of
the notification are received by the Electoral
Officer
for the Northern Territory of Australia before the
hour of nomination.''
Section 73 . . . . . Omit paragraph (b), substitute the following:
''(b) in the case of a nomination as a Senator for
the Australian Capital Territory-the nomination
paper
is received after the issue of the writ and before
the
hour of nomination;
(ba) in the case of a nomination as a Senator for
the Northern Territory of Australia-the nomination paper or telegraphic
particulars of the nomination are received
by the Electoral Officer for the Northern Territory
of
Australia after the issue of the writ and before the
hour of nomination; and''
Omit from paragraph (c) ''Commonwealth Electoral
Officer or Divisional Returning Officer, as the case
requires,'', substitute ''person with whom he lodges
the nomination''
Section 74 . . . . . Omit ''Commonwealth Electoral Officer or Divisional
Returning Officer'', substitute ''person''
Section 75 . . . . . Omit ''or Divisional Returning Officer receiving the
nomination'', substitute ''receiving the nomination
or
telegraphic particulars of the nomination, as the
case
may be,''
Section 79 . . . . . Insert after ''nomination papers,'' in sub-section
(1)
''and telegraphic particulars of nominations''
Section 85 . . . . . Omit paragraphs (b) and (bb) of sub-section (1),
substitute the following:
''(b) will not throughout the hours of polling on
polling day be within 5 miles by the nearest
practicable route of any polling booth open-
(i) in the case of an elector of the
Australian
Capital Territory-in the Division for which he is
enrolled; or
(ii) in the case of an elector of the Northern
Territory of Australia-in the Northern Territory of
Australia;
(bb) will, in the case of an election of a Senator
or Senators for the Northern Territory of Australia,
throughout the hours of polling on polling day be
travelling under conditions which will preclude him
from voting at any polling booth in the Northern
Territory of Australia;''
Omit paragraph (b) of sub-section (2), substitute
the
following:
''(b) be signed by the applicant-
(i) in the case of an applicant who is an
elector of the Australian Capital Territory-in his
own
handwriting; or
(ii) in the case of an applicant who is an
elector of the Northern Territory of Australia-with
his personal signature,
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 91B (1A)); and''
Omit sub-paragraphs (i), (ii), (iii), (iv) and (v)
of
paragraph (c) of sub-section (2), substitute the
following:
''(i) if the applicant has reason to believe that
he may not receive a postal vote certificate and postal
ballot-paper from that officer in time to vote at
that
election-to a person who is-
(A) for the time being appointed under the
Commonwealth Electoral Act 1918-1975 to be a
Divisional Returning Officer for an Electoral Division referred to in that
Act;
(B) for the time being appointed under the
Commonwealth Electoral Act 1918-1975 to be an
Electoral Registrar for a Subdivision declared to be a remote
Subdivision in pursuance of sub-section 26 (2) of
that
Act; or
(C) an Assistant Returning Officer for a
District;
(ii) if the applicant is temporarily within the
Australian Capital Territory-to the Divisional
Returning Officer for a Division of the Australian
Capital Territory;
(iii) if the applicant is temporarily within the
Northern Territory of Australia-to the Divisional
Returning Officer for the Northern Territory of
Australia or the Assistant Returning Officer at a
place outside Australia.
(iv) if the applicant is temporarily outside
Australia-to an Assistant Returning Officer at a
place
outside Australia.''
Omit from sub-section (2A) ''officer'' (wherever
occurring), substitute ''person''
Section 87 . . . . . Omit from paragraph (b) of sub-section (1) ''in his
the applicant's own handwriting''
Section 88 . . . . . Omit sub-section (1), substitute the following:
''(1) Where a person who receives an application is
satisfied that it is properly signed by the
applicant
and is properly witnessed, he shall deliver or post
to
the elector a ballot-paper and a postal vote
certificate printed on an envelope addressed to-
(a) if the applicant is an elector of the
Australian
Capital Territory-the Divisional Returning Officer
for
a Division of the Australian Capital Territory; or
(b) if the applicant is an elector of the Northern
Territory of Australia-the Divisional Returning
Officer for the Northern Territory of Australia or the
Assistant Returning Officer for a District.''
Omit from sub-section (1A) ''Divisional Returning
Officer, Registrar, Returning Officer or Assistant
Returning Officer, as the case may be,'', substitute
''person receiving the application''
Section 89 . . . . . Omit sub-sections (1) and (2), substitute the
following:
''(1) All applications for postal vote certificates
and postal ballot-papers received by the Divisional
Returning Officer for a Division of the Australian
Capital Territory or the Divisional Returning
Officer
for the Northern Territory of Australia shall-
(a) if they relate to the Division for which he is
Divisional Returning Officer-be kept by him; or
(b) if they relate to any other Division-be
endorsed
by him with the date of issue of the postal vote
certificate and postal ballot-paper and be sent
forthwith by him to the Divisional Returning Officer
for that other Division.
''(2) An application for a postal vote certificate
and postal ballot-paper that is made under paragraph 85 (2) (c) otherwise than
to the Divisional Returning Officer
for a Division of the Australian Capital Territory
or
the Divisional Returning Officer for the Northern
Territory of Australia shall be endorsed with the
date
of issue of the postal vote certificate and postal
ballot-paper and be sent forthwith to the Divisional
Returning Officer for the Division to which it
relates.''
Insert after section 89 the following:
''89A. (1) In respect of an election of a Senator
or
Senators for the Northern Territory of Australia,
the
Divisional Returning Officer shall, as soon as
practicable after the hour of nomination, cause to
be
sent by post to each elector to whom this section
applies, not being an elector from whom an
application
for a postal vote certificate and postal
ballot-paper
has been received, a postal vote certificate and
postal ballot-paper together with a copy of the 'Directions to Elector and
Authorized Witness' authorized by the Chief Australian Electoral Officer.
''(2) This section applies to an elector of the
Northern Territory of Australia-
(a) whose name appears on the Roll for a District
for which no polling place has been prescribed; or
(b) whose name appears on the Roll for a District
for which a polling place has been prescribed and whose
place of residence as shown on that Roll is not
within
5 miles of the nearest such polling place.''
Section 90 . . . . . Omit from sub-section (1) ''The Divisional Returning
Officer, Registrar, Returning Officer or Assistant
Returning Officer'', substitute ''A person to whom
applications for postal vote certificates and postal
ballot-papers may be made''
Omit from sub-section (2) ''The Divisional Returning
Officer, Registrar, Returning Officer or Assistant
Returning Officer'', substitute ''A person referred
to
in sub-section (1)''
Section 91B . . . . . Omit sub-section (1), substitute the following:
''(1) Subject to this section, an elector whose
name
appears on a Roll referred to in section 30 or on an
Electoral Roll for a State is an authorized witness
for the purposes of this Act.''
Section 92 . . . . . Omit from paragraph (d) of sub-section (1)
''envelope
addressed to the Divisional Returning Officer'',
substitute ''envelope provided to him''
Omit from paragraph (e) of sub-section (1)
''Divisional Returning Officer'', substitute ''person to whom it is
addressed''
Omit from paragraph (f) of sub-section (1)
''envelope
addressed to the Divisional Returning Officer'',
substitute ''envelope provided to him''
Omit from paragraph (f) of sub-section (1)
''Divisional Returning Officer'' (last occurring), substitute
''person to whom it is addressed''
Omit sub-section (2), substitute the following:
''(2) In addition to the directions specified in
sub-section (1), the following directions for
regulating voting by means of postal ballot-papers
in
an election of a Senator or Senators for the
Northern
Territory of Australia are to be substantially
observed:
(a) If the elector satisfies the authorized
witness
that his sight is so impaired or he is so physically
incapacitated that he is unable to vote without
assistance, he may appoint a person to assist him to
vote, and the authorized witness shall-
(i) fill in the form of declaration on the
postal vote certificate with the required particulars relating to the
enrolment of the elector, as requested by the
elector;
(ii) read over to the elector the form of
declaration;
(iii) require the elector to sign the form of
declaration with his personal signature;
(iv) cause the signature of the elector, if
made
by means of a mark, to be witnessed by another
elector; (v) complete and attest the form of declaration;
(vi) permit the person appointed by the
elector
to mark and fold the ballot-paper for the elector;
and
(vii) enclose the ballot-paper in the envelope
provided, fasten the envelope and hand it to the
elector who shall forthwith post or deliver it, or
cause it to be posted or delivered, to the person to
whom it is addressed;
(b) If the elector, being an elector referred to
in
paragraph (a), fails to appoint a person to assist
him
to vote, the authorized witness shall take the
action
specified in sub-paragraphs (i) to (v) (inclusive)
of
paragraph (a) and shall then, in the presence of
another elector-
(i) mark and fold the ballot-paper for the
elector; and
(ii) deal with the ballot-paper in the manner
directed in sub-paragraph (a) (vii);
(c) If the elector satisfies the authorized
witness
that he is so illiterate that he is unable to vote
without assistance, the authorized witness shall
take
the action specified in sub-paragraphs (i) to (v)
(inclusive) of paragraph (a) and shall then, in the
presence of another elector-
(i) mark and fold the ballot-paper for the
elector; and
(ii) deal with the ballot-paper in the manner
directed in sub-paragraph (a) (vii);
(d) The authorized witness shall not, except as
provided by paragraphs (a), (b) and (c), look at, or
make himself acquainted with, the vote given by the
elector and, except as provided by those paragraphs,
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.''
Section 93A . . . . . Omit from paragraph (b) ''paragraph (f) of section
ninety-two of this Act, assisting an elector whose
sight is so impaired that he'', substitute
''paragraph
92 (1) (f) or sub-section 92 (2), assisting an
elector
who''
Section 93B . . . . . Omit ''paragraph (d) or paragraph (f) of sub-section
(1) of section ninety-two of this Act'', substitute
''paragraph 92 (1) (d) or 92 (1) (f) or
sub-paragraph
92 (2) (a) (vii), 92 (2) (b) (ii) or 92 (2) (c)
(ii)''
Section 94 . . . . . Substitute the following:
''94. (1) A person to whom an application for a
postal vote certificate and postal ballot-paper is entrusted
by a voter for the purpose of posting or delivery to
a
Divisional Returning Officer or other person
referred
to in paragraph 85 (2) (c) and who fails to post or
deliver the application forthwith shall be guilty of
an offence.
''(2) A person to whom an envelope containing or
purporting to contain a postal ballot-paper is
entrusted by a voter for the purpose of posting or
delivery to the person to whom it is addressed and
who
fails to post or deliver the envelope forthwith
shall
be guilty of an offence.
Penalty: $100 or imprisonment for 1 month.''
Section 95 . . . . . Omit from paragraph (b) ''paragraph (f) of section
ninety-two in the case of persons whose sight is
impaired'', substitute ''paragraph 92 (1) (f) or
sub-section 92 (2) in the case of a person who
cannot
vote without assistance''
Section 96 . . . . . Omit ''Divisional'' (first occurring)
Omit '', 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,''
Section 105B . . . . Omit from sub-section (1) ''that is held at a
general
election of Members of the House of
Representatives''
Section 113 . . . . . Omit from sub-section (3) ''for the Division'',
substitute ''or the Assistant Returning Officer for
the District''
Add at the end the following:
''(5) The provisions of this section relating to
absent voting do not apply in relation to an
election
of a Senator or Senators for the Australian Capital
Territory.''
Section 121 . . . . . Omit sub-section (1), substitute the following:
''(1) An elector of a Territory who would, if a
House
of Representatives election for the Territory were
held at the same time as the Senate election for the
Territory, be permitted, in the circumstances set
out
in-
(a) in the case of an election of a Senator or
Senators for the Australian Capital
Territory-regulation 50 of the Australian Capital
Territory Representation Regulations; or
(b) in the case of an election of a Senator or
Senators for the Northern Territory of
Australia-regulation 78 of the Northern Territory
Electoral Regulations,
after making the relevant declaration referred to in
whichever of those regulations would be applicable,
to
vote at that House of Representatives election may
be
permitted in like manner to vote at the Senate
election.''
Omit sub-section (4)
Omit from sub-section (5) ''by the Registrar''
Section 135 . . . . . Insert after sub-section (3) the following:
''(3A) In respect of an election of a Senator or
Senators for the Northern Territory of Australia,
the
powers of the Divisional Returning Officer under
sub-section (3) may, subject to and in accordance
with
the directions of the Electoral Officer for the
Northern Territory of Australia, be exercised by an
Assistant Returning Officer in relation to
ballot-papers received from polling places within or
for his District.''
Section 136A . . . . Omit from paragraph (c) ''or'' (last occurring)
Omit paragraph (d)
Section 140 . . . . . Omit sub-section (1), substitute the following:
''(1) The officer conducting a re-count may, and at
the request of any scrutineer shall, reserve any
ballot-paper for the decision of-
(a) in the case of an election of a Senator or
Senators for the Australian Capital Territory-the
Electoral Officer for the Australian Capital
Territory; or
(b) in the case of an election of a Senator or
Senators for the Northern Territory of Australia-a
Magistrate.''
Omit from sub-section (2) ''Commonwealth Electoral
Officer for the State'', substitute ''Electoral
Officer for the Australian Capital Territory or the Magistrate, as the case
may be,''
Omit from sub-section (3) ''Commonwealth Electoral
Officer for the State'', substitute ''Electoral
Officer for the Australian Capital Territory or the Magistrate, as the case
may be''
Add at the end the following:
''(4) In this section, 'Magistrate' means a
Stipendiary Magistrate (being a Stipendiary
Magistrate
holding office under the Justices Ordinance 1928 as
amended of the Northern Territory of Australia)
appointed by the Administrator of the Northern
Territory of Australia to perform the functions of a
Magistrate under this section.''
Section 141 . . . . . Omit from paragraph (b) of sub-section (1)
''Governor
of the State in respect of which it was issued'',
substitute ''person who caused the writ to be
issued''
Omit from paragraph (a) of sub-section (2) ''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''
* * * * * * * * <
Section 153 . . . . . Omit from sub-section (4) ''Commonwealth Electoral
Officer for the State in which the newspaper is
published'', substitute ''Chief Australian Electoral
Officer''
Section 218A . . . . Omit
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SENATE (REPRESENTATION OF TERRITORIES) REGULATIONS - SCHEDULE 2
Amended by 1980 No. 275; 1981 No. 111
SCH
SCHEDULE 2
Regulation
3
EXCEPTIONS, MODIFICATIONS AND ADAPTATIONS: ELECTORAL AND REFERENDUM
REGULATIONS IN THEIR APPLICATION TO AND IN RELATION TO ELECTIONS OF
SENATORS FOR THE AUSTRALIAN CAPITAL TERRITORY AND THE NORTHERN
TERRITORY OF AUSTRALIA
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Exceptions, modifications and adaptations
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-- Regulations 4-4A . . Omit
Regulation 5 . . . . Omit from the definition of ''courier service'' in
sub-regulation (1) ''Australian Electoral Officer for
a State'', substitute ''Chief Australian Electoral
Officer''
Add at the end the following:
''(4) A reference to a provision of the Act shall,
unless the contrary intention appears, be read as a
reference to the corresponding provision of the
Commonwealth Electoral Act 1918 in the application
of
that provision to an election of a Senator or
Senators
for the Australian Capital Territory or the Northern
Territory of Australia, as the case requires.''
Regulations 6-32 . . Omit
Regulation 35 . . . . Omit
Regulation 41 . . . . Omit sub-regulation (2), substitute the following:
''(2) The form may be printed on the envelope
referred to in sub-section 88 (1) of the Act.''
Regulation 42 . . . . Omit from sub-regulation (1A) ''that is held at a
general election of Members of the House of
Representatives''
Omit from sub-regulation (2) ''Divisional Returning
Officer, Registrar, Returning Officer or Assistant
Returning Officer'', substitute ''person issuing the
ballot-paper''
Regulation 43 . . . . Omit from sub-regulation (2) ''the Divisional
Returning Officer, Registrar, Returning Officer or Assistant
Returning Officer,'', substitute '', the person
issuing the certificate and ballot-paper''
Regulations 45-47 . . Omit
Regulation 48 . . . . Omit ''The Divisional Returning Officer'',
substitute
''The Returning Officer''
After ''Division'' insert ''or District, as the case
may be''
Add ''or'' at the end of paragraph (a)
Omit ''or'' from paragraph (b)
Omit paragraph (c)
Omit from the proviso ''Divisional''
Regulation 49 . . . . Omit from sub-regulation (1) ''Divisional''
Add at the end the following:
''(3) In respect of a ballot-paper upon which a
vote
has been recorded at an election of a Senator or
Senators for the Northern Territory of Australia
(being the ballot-paper of an elector referred to in the
provisions of sub-section 89A (2) of the
Commonwealth
Electoral Act 1918-1975 in the application of those
provisions to and in relation to the election), the
Returning Officer shall-
(a) compare the signature of the elector on his
postal vote certificate with the signature on the
elector's claim for enrolment kept by the Electoral
Registrar appointed under the Northern Territory
Electoral Regulations and allow the scrutineers to
inspect both signatures; and
(b) if satisfied that the signature on the postal
vote certificate is that of the elector who signed
the
claim for enrolment and the signature purports to be
witnessed by an authorized witness, accept the
ballot-paper for further scrutiny and place a mark
against the name of the elector on a certified copy
of
the Roll used by him for the purposes of the
scrutiny
but, if not so satisfied, disallow the ballot-paper
without opening the envelope in which it is
contained.''
Regulation 50 . . . . Omit sub-regulation (5), substitute the following:
''(5) The form of declaration may be printed on an
envelope that is addressed to the Divisional
Returning
Officer, or to the Assistant Returning Officer for
the
District for which the elector declares that he is
enrolled.''
Regulation 53 . . . . Omit from sub-regulation (1A) ''that is held at a
general election of Members of the House of
Representatives''
Regulations 55-60 . . Substitute the following:
''55. (1) The Presiding Officer shall record the
name
of each elector who has voted at his polling place
as
an absent voter at an election together with the
name
of the District for which the elector declares that
he
is enrolled as shown in his declaration.
''(2) At the close of the poll, the Presiding
Officer
shall forward the record, duly certified by him,
under
seal, to the Returning Officer authorized to count
the
absent votes cast for the District.
''56. (1) Where the Returning Officer withdraws from
a ballot-box envelopes bearing absent voters'
declarations and purporting to contain absent
voters'
ballot-papers, the Returning Officer shall-
(a) check the particulars on the envelopes with
the
particulars appearing on the Presiding Officer's
record and make a note of the number of envelopes so
withdrawn; and
(b) place in a separate parcel all the envelopes
bearing absent voters' declarations relating to the
same District.
''(2) Where the Returning Officer has made a parcel
of envelopes bearing absent voters' declarations relating
to a District-
(a) if the Returning Officer is authorized to
count
the absent votes cast for the District-he shall
place
the envelopes in the absent voters' ballot-box for
the
District for the purpose of the scrutiny; or
(b) in any other case-he shall fasten and seal the
outer cover of the parcel, write on the cover the
number of envelopes contained in the parcel, address
the parcel to the Returning Officer authorized to
count absent voters' ballot-papers for the District and then
transmit the parcel by hand, registered post or
courier service to that Returning Officer.
''(3) Where the Returning Officer transmits a
parcel
of envelopes bearing absent voters' declarations in
accordance with sub-regulation (2), he shall
forthwith
advise the Returning Officer to whom the parcel is
transmitted, by telegram or, if a letter will in the
ordinary course of post reach that officer on or
before the Friday immediately following the close of the poll, by letter, in
accordance with a form authorized by the
Chief Australian Electoral Officer, of the total
number of envelopes bearing absent voters' declarations that
are enclosed in the parcel so forwarded to him.
''57. The Returning Officer-
(a) shall prepare and retain in his custody a
book,
or set of cards, in which he shall record from time
to
time the particulars of the respective advices, and
the number of envelopes bearing absent voters'
declarations, received by him from any other
Returning
Officer; and
(b) shall keep a locked and sealed ballot-box in
respect of each District in respect of which he is
authorized to count the absent voters'
ballot-papers,
being a box having the words 'Absent Voters'
Ballot-box' marked on the outside of the box and
shall
place all envelopes bearing absent voters'
declarations relating to that District received by him for the
purpose of the scrutiny in that ballot-box forthwith
after he receives them.
''58. The scrutiny of absent voters' ballot-papers
relating to a District shall commence as soon as
practicable after the close of the poll, and shall
be
conducted by the Returning Officer authorized to
count
the absent voters' ballot-papers for the District in
the presence of such scrutineers as choose to attend
and any other persons approved by the Returning
Officer.
''59. (1) The Returning Officer conducting the
scrutiny shall-
(a) produce and open the absent voters' ballot-box
in which the envelopes containing the absent voters'
ballot-papers for the District have been placed;
(b) place in one parcel the envelopes bearing the
signed and attested declarations of persons who, in
his opinion, are enrolled for, and are entitled to vote in
respect of, the District, accept for further
scrutiny
the ballot-papers contained in the envelopes in that
parcel and place a mark opposite the name of each
such
person on a certified copy of the Roll used by him
for
the purpose of the scrutiny;
(c) place in another parcel the envelopes bearing
the declarations of persons who, in his opinion, are not
enrolled for, or are not entitled to vote in respect
of, the District, or whose declarations are not duly
signed and attested, fasten and seal the parcel,
write
on the outside of the parcel the words 'Absent
voters'
ballot-papers rejected at the preliminary scrutiny'
and add the name of the District, his signature, and the
date;
(d) place the envelopes containing the
ballot-papers
accepted for further scrutiny before him on a table
in
such a manner that the addressed face only of each
envelope is visible;
(e) without further examining the declaration of
an
elector, or permitting any other person to do so,
withdraw from the envelope the ballot-paper or each
ballot-paper enclosed in the envelope and, without
inspecting or unfolding such a ballot-paper, or
allowing any other person to do so, forthwith
deposit
the folded ballot-paper in a locked and sealed
ballot-box for further scrutiny; and
(f) place the envelopes in a parcel on the outside
of which the words 'Envelopes bearing absent voters'
declarations from which ballot-papers have been
withdrawn for further scrutiny' have been written,
fasten and seal the parcel, write on the outside of
the parcel the name of the District, and add his signature
and the date.
''(2) The officer conducting the scrutiny shall not
reject an absent voter's ballot-paper at the
preliminary scrutiny by reason only of the fact that
the Presiding Officer at the polling place where the
vote was cast omitted to attest the declaration of
the
elector if, before the declaration of the poll, the
officer conducting the scrutiny certifies that the
name of the elector appears on a duly certified record of
absent voters made by the Presiding Officer under
regulation 55.
''(3) It is not necessary for the officer
conducting
the scrutiny of absent voters' ballot-papers for a
District to await the receipt of all the envelopes
containing absent voters' ballot-papers for the
District before he proceeds with the further
scrutiny
of the ballot-papers that have been placed in the
ballot-box referred to in paragraph (1) (e) but
sufficient uncounted ballot-papers shall be kept in
the ballot-box to ensure that any ballot-papers for an
election that are taken from a ballot-box for the
purpose of being counted are taken from a number
sufficient to prevent the identity of the electors
from being disclosed.
''60. At the further scrutiny, the officer
conducting
the scrutiny shall open the ballot-box referred to
in
paragraph 59 (1) (e), examine the absent voters'
ballot-papers contained therein, and shall-
(a) 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; and
(b) count the first preference votes given for
each
candidate on all unrejected ballot-papers.''
Regulation 61 . . . . Omit from sub-regulation (2) ''Division'' (wherever
occurring), substitute ''District''
Regulation 63 . . . . Omit ''Division'', substitute ''District''
Regulation 64 . . . . Omit from sub-regulation (2) ''to the Divisional
Returning Officer by an Assistant Returning
Officer'',
substitute ''in accordance with paragraph 56 (2)
(b)''
Regulation 66 . . . . Omit ''Divisional''
Regulation 69 . . . . Omit ''Assistant''
Regulation 70 . . . . Omit ''Assistant''
Regulation 73 . . . . Omit from sub-regulation (1) ''Assistant''
Regulation 74 . . . . Omit from sub-regulation (5) ''Commonwealth
Electoral
Officer for the State'' (wherever occurring),
substitute ''Electoral Officer for the Australian
Capital Territory or the Magistrate, as the case
requires''
Omit from sub-regulation (6) ''Commonwealth
Electoral
Officer'', substitute ''Electoral Officer for the
Australian Capital Territory or the Magistrate, as
the
case may be''
Omit from sub-regulation (7) ''Commonwealth
Electoral
Officer'', substitute ''Electoral Officer for the
Australian Capital Territory or the Magistrate, as
the
case may be''
Omit sub-regulations (8) and (9), substitute the
following:
''(8) The Electoral Officer for the Australian
Capital Territory or the Magistrate, as the case may be, shall
advise the Divisional Returning Officer, in writing,
of the number of ballot-papers admitted or rejected by
him, and his decision shall be accepted by the
Divisional Returning Officer in completing his
re-count of the ballot-papers.
''(9) The receipt of every parcel of ballot-papers
shall be acknowledged in writing by the person to
whom
it is addressed.''
Regulation 77 . . . . Omit from sub-regulation (1) all words from and
including ''dealt with by the Commonwealth Electoral
Officer'', substitute-
''dealt with by-
(a) in the case of an elector of the Australian
Capital Territory-the Chief Australian Electoral
Officer; or
(b) in the case of an elector of the Northern
Territory of Australia-the Electoral Officer for the
Northern Territory of Australia,
or by a Court of summary jurisdiction.''
Omit from sub-regulations (2) and (3) ''Commonwealth
Electoral Officer'' (wherever occurring), substitute
''Chief Australian Electoral Officer or Electoral
Officer for the Northern Territory of Australia, as
the case may be,''
Regulation 78 . . . . Omit from sub-regulation (1) ''Subject to such
directions as are issued by the Chief Electoral
Officer, the Commonwealth Electoral Officer shall,
upon the receipt from a Divisional Returning Officer,'',
substitute ''The Chief Australian Electoral Officer
or
the Electoral Officer for the Northern Territory of
Australia, as the case may be, shall, upon receipt''
Omit from sub-regulation (2) ''by the Commonwealth
Electoral Officer''
Omit from sub-regulation (3) ''a Commonwealth
Electoral Officer'', substitute ''the Electoral Officer for the
Northern Territory of Australia''
Regulation 79 . . . . Omit ''Commonwealth Electoral Officer'', substitute
''Chief Australian Electoral Officer or the
Electoral
Officer for the Northern Territory of Australia''
Regulation 80 . . . . Omit ''such directions as are issued by the
Commonwealth Electoral Officer'', substitute
''section
128A of the Act''
Omit from paragraph (a) ''Commonwealth Electoral
Officer'', substitute ''Chief Australian Electoral
Officer or the Electoral Officer for the Northern
Territory of Australia, as the case may be,''
Regulation 94 . . . . Insert after regulation 94 the following:
''95. The Chief Australian Electoral Officer may
make
such modifications to a Form as are necessary for
the
purposes of an election of a Senator or Senators for
a
Territory.''
The Schedule . . . . Omit Forms 1 to 22
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