Statutory Rules 1987 No. 1181
Electoral and Referendum Regulations2
(Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.
Dated 5 June 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Michael Tate
Special Minister of State
Principal Regulations
1. In these Regulations, “Principal Regulations” means the Electoral and Referendum Regulations.
2. Regulation 45 of the Principal Regulations is repealed and the following regulation substituted:
Receipt and forwarding of certain postal votes
“45. (1) When, before the close of the poll, in an election or a referendum, a Divisional Returning Officer receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper issued in respect of a Division other than the Division for which he or she acts as Divisional Returning Officer, which envelope has been posted or delivered to the Divisional Returning Officer under subsection 194 (3) or (4) of the Act or subsection 66 (3) or (4) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer shall immediately:
(a) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Divisional Returning Officer”;
(b) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;
(S.R. 132/87)—Cat. No. 15/29.5.1987
(c) place the envelope in a ballot box kept by the Divisional Returning Officer under paragraph 228 (3) (b) of the Act; and
(d) at the close of the poll, deal with the envelope in accordance with subsection 228 (4) of the Act.
“(2) When, before the close of the poll, in an election or a referendum, an Assistant Returning Officer (other than an Assistant Returning Officer at a place outside Australia) receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper, which envelope has been posted or delivered to the Assistant Returning Officer under subsection 194 (3) or (4) of the Act or subsection 66 (3) or (4) of the Referendum (Machinery Provisions) Act, the Assistant Returning Officer shall immediately:
(a) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Assistant Returning Officer”;
(b) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;
(c) place the envelope in a ballot box; and
(d) at the close of the poll, open the ballot box, place the envelope in a parcel prepared under paragraph 228 (2) (b) of the Act and otherwise deal with the envelope in accordance with section 228 of the Act.
“(3) When, before the close of the poll, in an election or a referendum, an Assistant Returning Officer at a place outside Australia receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper which envelope has been posted or delivered to the Assistant Returning Officer under subsection 194 (3) or (4) of the Act or subsection 66 (3) or (4) of the Referendum (Machinery Provisions) Act, the Assistant Returning Officer shall immediately:
(a) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Assistant Returning Officer”;
(b) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate; and
(c) forward the envelope to such person as is specified in the written direction given to that Assistant Returning Officer under subsection 228 (8).”.
Repeal of regulations 47, 48, 69 and 70
3. Regulations 47, 48, 69 and 70 of the Principal Regulations are repealed.
Scrutiny by Assistant Returning Officer
4. Regulation 73 of the Principal Regulations is amended:
(a) by omitting from subregulation (1) “(but not inspect the votes)” and “, and regulations 47 and 70,”;
(b) by adding at the end of subregulation (1):
“and then proceed with the scrutiny of the votes in accordance with the Act or the Referendum (Machinery Provisions) Act”; and
(c) by omitting subregulations (2), (3) and (4).
Repeal of regulation 75
5. Regulation 75 of the Principal Regulations is repealed.
Schedule
6. The Schedule to the Principal Regulations is amended:
(a) by omitting Form 27 and substituting the following form:
FORM 27 Subregulation 41 (1)
POSTAL VOTE CERTIFICATE
| | Certificate No. | |
| To the Divisional Returning Officer for | | |
| Elector’s Enrolled Division | |
| | |
| ELECTOR DETAILS | |
| Surname or family name | | |
| Full Christian or given names | | |
| Address for which you claim to be enrolled | | |
| | |
| | |
| Date of birth | I declare that I am enrolled for the above named Division and am entitled to a postal vote. Signature of elector | |
| DAY MONTH YEAR | |
| / / | |
| | |
| WITNESS TO COMPLETE | |
| I certify that the above certificate was signed by the elector in my presence. OR I certify that the elector is a registered general postal voter who is so physically incapacitated as to be unable to sign his/her name. I am entitled to be an authorised witness. | |
| Signature of authorised witness | 
| |
| | | |
| Title of authorised witness | 
| |
| | | |
and
(b) by omitting Form 39.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 15 June 1987.
2. Statutory Rules 1940 No. 163 as amended by 1949 No. 62; 1954 No. 27; 1961 No. 103; 1966 No. 140; 1973 No. 62; 1974 No. 44; 1980 No. 241; 1981 Nos. 80 and 84; 1983 Nos. 114, 153, 176, 181, 235, 274 and 313; 1984 No. 287.
Printed by Authority by the Commonwealth Government Printer