{"id":"C1910L00137","name":"Commonwealth Electoral and Referendum Regulations (Provisional)","slug":"c1910l00137","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"137 of 1910","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":320112,"registerId":"commonwealth-C1910L00137-current","compilationNumber":null,"startDate":"2026-04-08","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Electoral and Referendum Regulations (Provisional)","content":"STATUTORY RULES.\n\n1910\\. No. 137.\n\nPROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1909 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1909.\n\nI, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Electoral Act 1902-1909 and the Referendum (Constitution Alteration) Act 1906-1909 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.\n\nDated the twenty-second day of December, One thousand nine hundred and ten.\n\nDUDLEY,\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nKING O’MALLEY,\n\nMinister of State for Home Affairs.\n\nAPPLICATION OF REGULATIONS.\n\n1\\. (I.) These Regulations supersede the Provisional Regulations under the Commonwealth Electoral Act 1902-1909 and the Referendum (Constitution Alteration) Act 1906-1909 (Statutory Rules 1910, Nos. 2, 23, and 64).\n\n(ii.) Repealed Forms “B,” “C,” and “D,” in the Schedule to the Commonwealth Electoral Acts 1902-1905, and any form (other than forms of absent voters’ ballot-papers) prescribed by those Regulations may continue to be used until the 31st day of December, 1910, without any attestation or witnessing further than is provided for in such forms.\n\n(III.) Nothing in these Regulations shall affect the Regulations relating to Joint Electoral Rolls in the State of Tasmania (Statutory Rules 1909, No. 29).\n\nPART I.—ELECTORAL REGULATIONS.\n\nDefinition.\n\n2\\. In this part of these Regulations “the Act” means the Commonwealth Electoral Act 1902-1909.\n\nC.1789.—Price 8d. \n\nChange of Electors from one Roll to Another.\n\n3\\. (I.) When any directions are issued by the Minister in accordance with section 26 of the Act for the change of electors from one Roll to another, effect shall be given to those directions by removing the names of the electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.\n\n(II.) Notice of the change shall be sent by post to each elector concerned, and shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nChange of Electors from one roll to another under the Provisions of Section 26 of the Commonwealth Electoral Act 1902-1909.\n\nTo\n\nYou are hereby informed that your name has been removed from the Roll for the Subdivision of the Electoral Division of and has been placed on the Roll for the Subdivision of the Electoral Division of Electoral Registrar for the Subdivision.\n\nDated the day of 19 .\n\n(III.) Where—\n\n(a) a Subdivision is abolished and the Minister directs that all electors whose names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or\n\n(b) the boundaries of a Division are altered, and any Subdivision becomes changed from one Division to another Division, and all electors whose names are on the Roll for the Subdivision become changed from the Roll for that Subdivision to one Subdivision Roll for the other Division;\n\npublic notice of the change may be given in the Gazette, and in some newspaper circulating in the part affected, and in that case the notice specified in paragraph (II.) of this Regulation need not be given.\n\nForm of Roll.\n\n4\\. The Roll shall be in accordance with the following form, and shall contain the particulars indicated therein:—\n\nCommonwealth of Australia.\n\nElectoral Roll.\n\nState of \\[here insert name of State\\].\n\nDivision of \\[here insert name of Division\\].\n\nRoll of Electors for the Subdivision of \\[here insert name of Subdivision\\].\n\nNo., Name in Full, Place of Living, Occupation, and Sex of each Elector.\n\n\\[Here follow Names, &c.\\]\n\nFootnote:—M signifies Male, F signifies Female. \n\nSale of Electoral rolls.\n\n5\\. The prices at which Rolls shall be sold are as follow:—\n\n| | s. | d. |\n| -------------------------------------------- | --- | --- |\n| Principal Roll for a Division.............. | 2 | 0 |\n| Principal Roll for a Subdivision............ | 0 | 6 |\n| Supplemental Roll for a Division........... | 0 | 6 |\n| Supplemental Roll for a Subdivision......... | 0 | 3 |\n\nRolls to be open to Public Inspection.\n\nSec. 35.\n\n6\\. Every Roll kept by an Electoral Registrar shall be open to public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.\n\nNotice to person whose name has been omitted from a Subdivision Roll on the preparation of new Rolls.\n\n6a. Where in the preparation of new Rolls the name of any person, whose name was on the roll for any Subdivision immediately prior to the preparation of the New Rolls, has been omitted from the new Roll for that Subdivision, on the ground that he was not then living in that Subdivision, the Commonwealth Electoral Officer for the State may, as soon as practicable after the preparation of the Roll has been completed, give him written notice of the omission, and shall in the notice give such directions as he thinks fit to enable him to have his name enrolled if he is so entitled.\n\nCombined Form of Claim for Enrolment, Transfer, of Change.\n\n6aa. (i.) A claim for enrolment under section 56, an application to transfer under section 59, and an application to change under section 61a may be in accordance with the following combined form:—\n\n\\[Front of Form.\\]\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nElectoral Claim.\n\nTo the Electoral Registrar\n\nfor the Subdivision of\n\nDivision of\n\nState of\n\n1\\. I am an inhabitant of Australia and have lived therein for six months continuously.\n\n2\\. I claim to have my name placed on the Electoral Roll for the Subdivision of in which I now live and have lived for a period of not less than one month immediately preceding the date of this claim.\n\n3\\. I am not under the age of 21 years.\n\n4\\. I am a natural-born or naturalized subject of the King.\n\n5\\. I am not disqualified from voting.\n\n6. My name is on the Electoral Roll for\\*\n\n\\* Here insert the name of the Subdivision and Division, or if not already enrolled insert the words “no other, Subdivision.”\n\nI declare that the whole of the statements made in this claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.\n\nPersonal signature of claimant\n\nDated the day of 19 .\n\nI, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named claimant sign the above claim.\n\nWitness to signature\n\nOccupation\n\nPlace of living\n\nA 2 \n\nAny person who witnesses the signature of the claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the claimant or otherwise that the statements contained in the claim are true, is guilty of an offence, and liable to a penalty of £50.\n\nThe signature of the claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.\n\nN.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.\n\n\\[Back of Form.\\]\n\n| Particulars for Enrolment. | SurnameChristian Names (in full)Place of Living (Full postal address)Occupation SexPersonal Signature of Claimant |\n| -------------------------- | ----------------------------------------------------------------------------------------------------------------- |\n\n| The particulars within this space are to be filled in by the Electoral Registrar.Received (date)Registered (date)Acknowledged (date)Initials of Registrar |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n(II.) The witness to the signature of the claimant must be an elector or a person qualified to be an elector of the Commonwealth.\n\nAcknowledgment of Claim.\n\nSecs. 56, 59, and 61a.\n\n6b. An acknowledgment of a claim for enrolment or application for transfer or change of enrolment may be issued by the Officer receiving such claim or application in such form as may be authorized.\n\nRejection of Claim for Enrolment.\n\nSec. 57.\n\n7. (I.) If the Electoral Registrar is not satisfied that any claimant is entitled to be enrolled, he shall transmit the claim to the Divisional Returning Officer, with such observations relating to it as he thinks proper.\n\n(II.) The Divisional Returning Officer shall thereupon, after making such inquiry (if any) as he thinks fit to make, decide the claim.\n\n(III.) If the Divisional Returning Officer decides not to enrol the claimant pursuant to the claim, he shall give notice to the claimant of his decision.\n\nThe notice shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nNotice of rejection of Claim for Enrolment.\n\nTo\n\nNotice is hereby given that I have decided not to enrol your name on the Electoral Roll for the Division of because I am not satisfied as to \\[here state matters as to which the Divisional Returning Officer is not satisfied\\].\n\nYou are entitled, at any time within one calendar month after the receipt of this notice, to appeal to a Court of Summary Jurisdiction for an order directing that your name may be added to the Roll.\n\nReturning Officer for the \nDivision of\n\nDated the day of 19 . \n\nNotification of Transfer to another Electoral Division.\n\nSec 61.\n\n8\\. Notification of transfer to another Division shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nState of\n\nNotification of Transfer to another Division.\n\nTo the Electoral Registrar for the Subdivision, Division of .\n\nYou are hereby informed that who was formerly on the Roll for the Subdivision of the Division of , having complied with the requirements of the Commonwealth Electoral Act 1902-1909, has been enrolled for this Subdivision of the Division of\n\nYou are requested to remove such name from the Roll for the Subdivision of the Division of Electoral Registrar for the Subdivision Division of .\n\nDated the day of 19 .\n\n| Received (date).Name removed (date).Initials of Registrar— |\n| ---------------------------------------------------------- |\n\n\\*\n\nNotification of Change from one Subdivision to another Subdivision within the same Electoral Division.\n\nSec. 61a (4)\n\n10\\. Notification of change from one Subdivision to another Subdivision within the same Electoral Division shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nState of\n\nDivision of\n\nNotification of Change from one Subdivision to another Subdivision within the same Electoral Division.\n\nTo the Electoral Registrar for the Subdivision.\n\nYou are hereby informed that\n\nwho was formerly on the Roll for the Subdivision, having complied with the requirements of the Commonwealth Electoral Act 1902-1909, has been enrolled for this Subdivision.\n\nYou are requested to remove such name from the Roll for the\n\nSubdivision.\n\nElectoral Registrar for the Subdivision.\n\nDated the day of 19 .\n\n| Received (date).Name removed (date).Initials of Registrar— |\n| ---------------------------------------------------------- |\n\n(\\*Regulation 9 is repealed.) \n\nApplication for Alteration or Correction.\n\nSec 62 (1) (a) and (b)\n\n11. An application by an elector for an alteration or correction in the Roll shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nState of—\n\nDivision of—\n\nSubdivision of—\n\n[Application](http://AlTI.ICA.TION) for Alteration of Correction in the commonwealth Electoral roll.\n\nTo the Electoral Registrar for the Subdivision.\n\nname and Particulars as appearing iN Roll.\n\n| No. | Surname. | Christian Names at full length. | Place of Living. | Occupation. | Sex. |\n| --- | -------- | ------------------------------- | ---------------- | ----------- | ---- |\n| | | | | | |\n\nIn place of the above please substitute the following:—\n\n| No. | Surname. | Christian Names at full length. | Place of Living. | Occupation. | Sex. |\n| --- | -------- | ------------------------------- | ---------------- | ----------- | ---- |\n| | | | | | |\n\nSignature of Elector—\n\nDated the day of 19 .\n\nI, the undersigned, an elector of the Commonwealth, enrolled for the\n\nSubdivision of the Division of , certify that I have seen the above named applicant sign the above application, and that I am satisfied that the statements therein contained are true.\n\nSignature of Witness—\n\nAddress—\n\nnote.—Any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence and liable to a penalty of £50.\n\nElectoral forms for public use may be obtained at any post-office.\n\n| Received (date)Registered (date)Initials of Registrar— |\n| ------------------------------------------------------ |\n\n \n\nForm of Notice of Objection.\n\nSec 68\n\n11a. (i.) The notice of objection to the retention of a name upon the Electoral Roll, to be lodged by a person other than an Electoral Registrar, shall be in accordance with the following form:—\n\nform D.\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nNotice OF Objection.\n\nI object to the name of\n\n| No. on Roll. | Surname. | Christian names at full length. | Place of living. | Occupation. | Subdivision for which enrolled. |\n| ------------ | -------- | ------------------------------- | ---------------- | ----------- | ------------------------------- |\n| | | | | | |\n\n(a) Here insert name of Division.\n\n(b) Here insert ground of objection.\n\nbeing retained on the Electoral Roll for the Division of (a)\n\nin the State of , on the ground that (b)\n\n(Signed.)\n\n(Address)\n\n(Occupation)\n\nDated this day of 19 .\n\n(II.) The notice of objection to the retention of a name upon the Electoral Roll, to be lodged by an Electoral Registrar, shall be in accordance with the following form:—\n\n\\[Front of Form.\\]\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nNotice of Objection.\n\nTo the Divisional Returning Officer\n\nfor the Division of\n\nI object to the undermentioned names being retained on the Electoral Roll for the Division of in the State of Electoral Registrar for the Subdivision.\n\nDated this day of 19 .\n\n```html\n

Person Objected to.

Occupation.

Place of living as appearing in Roll.

Last known place of abode.

Ground of Objection.

Registrar’s Initials.

No. on Roll.

Surname.

Christian names at full length.

\n```\n\nNote.—This form to be furnished in duplicate. \n\n\\[Back of Form.\\]\n\nIndorsement by Returning Officer.\n\n| (1) Notice of Objection posted by Returning Officer to persons objected to | _______________________________________ |\n| -------------------------------------------------------------------------------- | --------------------------------------- |\n| (2) Date of expiration of period allowed for answer to objection. (See Sec. 72.) | _______________________________________ |\n\n(3) Answers received from—\n\nNotification to the Electoral Registrar for the \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_Subdivision.\n\n(a) Objections sustained excepting as to the following names, viz.:—\n\n(b) You are hereby required to forthwith remove from the Roll for the Subdivision all the names appearing on the within list of objections, with the exception of those mentioned in the foregoing paragraph (a), in which case the objections have not been sustained.\n\nReturning Officer for the Division\n\nof\n\nDated the day of 19 .\n\nNotice to person Objected to.\n\nSec. 70.\n\n12\\. (I.) The notice to be forwarded by the Returning Officer to a person whose name has been objected to shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nNotice of Objection to Person Objected to.\n\nTo\n\nNotice is hereby given that an objection has been lodged with me by \\[here set out name and description of objector\\] objecting to your name being retained on the Electoral Roll for the Division of \\[here insert name of Division\\] in the State of \\[here insert name of State\\] on the following grounds, namely:—\\[here state grounds of objection\\].\n\nYou are entitled at any time within twenty days from the posting of this notice to answer the objection either orally or in writing.\n\nIf you intend to answer the objection orally, you should attend at my office at between the hours of and on some day before the expiration of twenty days from the posting of this notice.\n\nIf you intend to answer the objection in writing, you should, before the expiration of twenty days from the posting of this notice, send to me by post, or deliver at my office a statement in writing to show that the objection is not good.\n\nIf you answer the objection, notice of the decision on the objection will be sent to you. \n\nIf you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.\n\nReturning Officer for the Division\n\nof\n\nDated the day of 19 .\n\n(II.) Where the form of notice specified in this Regulation has been used, the Returning Officer need only send notice of his decision, under Regulation 15, to the following persons:—\n\n(a) To a person who has answered an objection in the prescribed manner; and\n\n(b) To an objector who is not an Electoral Registrar.\n\n(III.) Where an objector is an Electoral Registrar, notice of the decision on the objection may be sent to him in such form as the Returning Officer thinks fit to use, subject to any authorized direction, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.\n\nManner of Answering Objection.\n\nSec. 71.\n\n13\\. Any person against whom an objection has been lodged or made may answer the objection as follows:—\n\n(a) By attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him, and making an oral statement to show that the objection is not good; or\n\n(b) By sending by post or delivering to the Returning Officer at his office a statement in writing to show that the objection is not good.\n\nInquiry into Objection.\n\nSec. 72.\n\n14\\. Before determining any objection, the Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.\n\nNotice of Determination of Objection.\n\nSec. 72.\n\n15\\. The Returning Officer shall send notice of his decision to the objector and (where the person objected to has answered the objection within the prescribed period) to the person objected to. The notice shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nNotice of Determination of Objection.\n\nTo\n\nNotice is hereby given that I have considered the objection lodged by \\[here set out the name of objector\\] to the retention of the name of \\[here set out name of person objected to\\] on the Roll for the Division of and have decided—\n\n(a) to remove the said name from the said Electoral Roll;\n\n(b) to dismiss the objection.\n\n(Note.—Strike out sub-paragraph (a) or sub-paragraph (b) as the case requires.)\n\nAny party aggrieved by this decision is entitled, at any time within one calendar month after the receipt of this notice, to appeal against the decision to a Court of Summary Jurisdiction.\n\nReturning Officer for the Division\n\nof\n\nDated the day of 19 . \n\nElectoral Appeal.\n\nSec 73.\n\n16\\. (I.) An application under section 73 of the Act to a Court of Summary Jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment (Regulation 7), or of notice of the determination of an objection (Regulation 15), and may be made in writing in the form of a complaint setting out the material facts, and asking that the Returning Officer be summoned to answer the complaint.\n\n(II.) Upon the complaint being lodged with him, the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint, and produce all papers connected with the application or objection as the case requires.\n\n(III.) The Returning Officer may, by himself or some person appointed to represent him, appear at the hearing, and produce to the Court all papers connected with the application, but, if he does not desire to be present, he may send the papers to the Clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and the statement shall be considered by the Court at the hearing.\n\n(IV.) The Returning Officer or person representing him shall, if present at the hearing, be entitled to be heard.\n\n(v.) In this Regulation “complaint’’ shall include any appropriate proceeding for the institution of a proceeding in a Court of Summary Jurisdiction.\n\nWithdrawal by Candidate OF Consent to Nomination.\n\nSec. 105A.\n\n17\\. The withdrawal by a Candidate of his consent to nomination shall be in accordance with the following form:—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nState of\n\nDivision of \\[here insert name of Division if for the House of Representatives\\].\n\nForm of Withdrawal of Consent to Nomination.\n\nTo the \\[here insert Commonwealth Electoral Officer in the case of a Senate Election or Divisional Returning Officer in the case of a House of Representatives Election\\].\n\nI \\[here insert Christian names, surname, place of residence, and occupation\\] do hereby withdraw my consent to nomination as \\[here insert Senator or Member of the House of Representatives, as the case may be\\], dated the day of 19 , and apply for refund of Deposit.\n\n\\[Signature of Candidate.\\]\n\nDated at \\[here insert place\\] this day of 19 .\n\nWitness—\n\nNote.—To be signed in the presence of an authorized witness as defined in section 109A of the Act.\n\nForm OF Postal Ballot-paper for a Senate Election.\n\n17c. The postal ballot-paper for a Senate Election shall be in accordance with the following form:—\n\n\\[Front of Form.\\]\n\nCommonwealth of Australia.\n\nState of \\[here insert name of State\\].\n\nThe Commonwealth Electoral Act 1902-1909.\n\nElection of Senators.\n\nNote.—The Elector must vote for the full number of candidates to be elected.\n\nPOSTAL BALLOT-PAPER.\n\nNote.—The Elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon. \n\n\\[Back of Form.\\]\n\n![](image.003.png)\n\n![](image.004.png)\n\n![](image.005.png)\n\n![](image.007.png)![](image.006.png) ![C1910L00137.jpg](image.008.jpeg) ![](image.009.png)\n\n![](image.010.png) ![](image.011.png)\n\nDirections to Elector.\n\n(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.\n\n(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote by writing oN this ballot-paper the names of the candidates for whom he votes, and shall fold and secure the ballot-paper so that the vote cannot be seen.\n\n(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen.\n\n(d) The elector shall then, 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.\n\n(e) The authorized witness shall then 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.\n\n(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer, which must then be fastened and taken charge of by the authorized witness for posting.\n\nDirections to Authorized Witness.\n\nThe authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.\n\nEvery authorized witness shall—\n\n(a) comply with the preceding directions in so far as they are to be complied with on his part;\n\n(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;\n\n(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and\n\n(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.\n\nPenalty: One hundred pounds or Three months’ imprisonment.\n\nDuty of Persons Present when an Elector Votes by Post.\n\nAny person present when an elector is before an authorized witness for the purpose of voting by post shall—\n\n(a) obey all directions of the authorized witness;\n\n(b) refrain from making any communication whatever to the elector in relation to his vote;\n\n(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and\n\n(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.\n\nPenalty: One hundred pounds or Three months’ imprisonment.\n\n![](image.012.png)\n\nForm of Postal Ballot-paper for a House of Representatives Election.\n\n17d. The postal ballot-paper for a House of Representatives Election shall be in accordance with the following form:—\n\n\\[Front of Form.\\]\n\nCommonwealth of Australia.\n\nState of \\[here insert name of State\\]\n\nThe Commonwealth Electoral Act 1902-1909.\n\nElectoral Division of—\n\nElection of ONE Member of the House of Representatives.\n\nPOSTAL BALLOT-PAPER.\n\nNote.—The elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.\n\n\\[Back of Form.\\]\n\n![](image.013.png)\n\nDirections to Elector.\n\n(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.\n\n(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote by writing on this ballot-paper the name of the candidate for whom he votes, and shall fold and secure the ballot-paper so that the vote cannot be seen.\n\n(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen.\n\n(d) The elector shall then, 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.\n\n(e) The authorized witness shall then 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.\n\n(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer which must then be fastened and taken charge of by the authorized witness for posting. \n\nDirections to Authorized Witness.\n\nThe authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.\n\nEvery authorized witness shall—\n\n(a) comply with the preceding directions in so far as they are to be complied with on his part;\n\n(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;\n\n(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and\n\n(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.\n\nPenalty: One hundred pounds or Three months’ imprisonment.\n\nDuly of Persons Present When an Elector Votes by Post.\n\nAny person present when an elector is before an authorized witness for the purpose of voting by post shall—\n\n(a) obey all directions of the authorized witness;\n\n(b) refrain from making any communication whatever to the elector in relation to his vote;\n\n(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and\n\n(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.\n\nPenalty: One-hundred pounds or Three months’ imprisonment.\n\n(Fold in.)\n\nManner of Marking Postal Vote.\n\nSec 118a.\n\n17e. The manner in which an elector voting by post shall mark his vote is as follows:—\n\n(a) In the case of a Senate Election, by writing on the ballot-paper the names of the candidates for whom he votes; and\n\n(b) In the case of a House of Representatives Election, by writing on the ballot-paper the name of the candidate for whom he votes.\n\nOfficial Mark.\n\n17f. The official mark for the authentication of ballot-papers shall be a water mark in the paper thereof, consisting of a representation of a shield having therein tHE letters “C A” intertwined.\n\nForm of Absent Voter’s Ballot-paper.\n\nSec. 139 (2)\n\n17g. (i.) The absent voter’s ballot-paper for a Senate Election shall be in accordance with the form “O” in the Schedule to the Act.\n\n(II.) The absent voter’s ballot-paper for a House of Representatives Election shall be in accordance with the form “P” in the Schedule to the Act:\n\nProvided that the names of the Candidates may be either printed or written thereon. \n\nPART II.—ELECTORAL AND REFERENDUM REGULATIONS.\n\nForm of Application for a Postal Vote Certificate and Postal Ballot-paper.\n\nSec 109a.\n\n17h. (1.) The form of application for a postal vote certificate and postal ballot-paper shall be in accordance with the following form:—\n\nForm K.\n\n—\n\nCommonwealth of Australia.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nThe Referendum (Constitution Alteration) Act 1908-1909.\n\nApplication for Postal Vote Certificate and Postal Ballot-paper for a Senate Election, or a House of Representatives Election, or a Referendum.\n\nState of\n\n\\*Insert name of Division.\n\nTo the Divisional Returning Officer, Electoral Division of\\*\n\nI,†\n\n†lnsert Christian names, surname, place of living, and occupation.\n\nhereby apply for a postal vote certificate and a postal ballot-paper to enable me to vote by post at the next forthcoming Election.\n\nNote.—“Election” means a Senate Election, or a House of Representatives Election, or a Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.\n\n‡Insert name of Subdivision.\n\nI am an elector enrolled on the Electoral Roll for the‡\n\nSubdivision of the above-named Division.\n\n§Insert the reason for belief.\n\nThe ground on which I apply is—\n\n(a) that I have reason to believe that I will not, during the hours of polling on polling day, be within five miles of any Polling Place for the Division for which I am enrolled.\n\nMy reason for this belief is§\n\n(b) that, being a woman, I will, on account of ill-health, be unable to attend the Polling Place on polling day to vote.\n\n(c) that I will be prevented by serious illness or infirmity from attending the Polling Place on polling day to vote.\n\nNote.—(i.) The elector will rule out any two of the above grounds which do not apply to his or her particular case, as only one ground is necessary for the application.\n\n(ii.) 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.\n\nPenalty: Fifty pounds, or one month’s imprisonment.\n\n¶Insert address to which papers are to be forwarded.\n\nI request that a Postal Vote Certificate and the necessary Postal Ballot-paper or Ballot-papers to enable me to vote by post may be forwarded to me at the following address:—.\n\n¶\n\n```html\n

Signed by the Elector (in his own handwriting) in my presence—

Signature of Elector—

(Signature of Authorized Witness)—

(Title under which Witness acts as Authorized Witness)—

\n```\n\nDate— 19 .\n\nAUTHORIZED WITNESSES.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons in charge of Post-offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace;. all Head Teachers in the employment of a State Education Department; all Officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Light-houses; all Pilots in the service of the Commonwealth or of a State, or of any local governing body; all Telegraph line repairers permanently employed in the Public Service of the Commonwealth, who are in charge of working parties; all Railway Station Masters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.\n\nDuty of Authorized Witnesses.\n\nAn authorized witness shall not witness the signature of any elector to this application unless—\n\n(a) he has satisfied himself as to the identity of the applicant;\n\n(b) he has seen the applicant sign the application in his the applicant’s own handwriting; and\n\n(c) he is personally acquainted with the facts, or has satisfied himself by inquiry from the applicant that the statements contained in the application are true.\n\nPenalty: Fifty pounds, or one month’s imprisonment.\n\nThis application must be made and sent after the issue of the writ and before polling day. \n\n(2.) Provided always that an application for a Postal Vote Certificate and Postal Ballot-paper (whether for the purposes of an Election or Referendum or for both) shall not be bad in form by reason of the fact that it is made in accordance with the form provided for in the Regulations superseded by these Regulations instead of in the form K provided for in this Regulation.\n\nForm of Postal Vote Certificate.\n\nSec. 110.\n\n17j. (I.) The postal vote certificate shall be in accordance with the following form:—\n\nCommonwealth of Australia. No.\n\nThe Commonwealth Electoral Act 1902-1909.\n\nThe Referendum (Constitution Alteration) Act 1906-1909.\n\nState of— Division of—\n\nPostal Vote Certificate.\n\nI hereby certify that of is entitled to vote at the Election\\* to be held on Divisional Returning Officer.\n\nDated this day of 19 .\n\n\\* note.—“Election” means an Election for the Senate for the above-mentioned State; or an Election for the House of Representatives for the above-mentioned Division; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.\n\n| Signed by the Voter (in his own handwriting) in my presence— | |\n| ------------------------------------------------------------ | ------------------- |\n| (Signature of Authorized Witness)— | Signature of Voter— |\n| (Title under which Witness acts as Authorized Witness)— | |\n\nDate 19 .\n\nAuthorized witnesses.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons in charge of Post-offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all Officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Light-houses; all Pilots in the service of the Commonwealth or of a State, or of any local governing body; all Telegraph line repairers permanently employed in the Public Service of the Commonwealth, who are in charge of working parties; all Railway Station Masters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.\n\nnote.—The attention of the Elector and Authorized Witness is specially directed to the necessity of strictly observing the instructions indorsed on the back of each Postal Ballot-paper, and to the fact that this envelope containing the Postal Ballot-paper (or Postal Ballot-papers) must be forthwith posted by the Authorized Witness.\n\n(II.) This form is to be printed on the flap of an envelope to be addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate is enrolled.\n\nBallot-box for Postal Votes.\n\nSec. 119.\n\n18\\. The Returning Officer for each Division shall keep a ballot-box with the words “Postal Ballot-box” written thereon, and shall place and keep therein until the scrutiny all envelopes containing postal ballot-papers received up to the close of the poll, and at the scrutiny the ballot-box shall be opened, and the envelopes containing postal ballot-papers, and the postal ballot-papers therein, shall be dealt with as directed by the Commonwealth Electoral Act. \n\nUndertaking to be made by Officers and Scrutineers.\n\nSec. 124 and 135.\n\n19\\. (I.) Every Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, and Scrutineer shall make and subscribe an undertaking in accordance with the following terms:—\n\nI (here insert name, address, and occupation) do hereby promise and undertake that I will faithfully perform the duties of (here insert name of office held by the person signing undertaking) to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any elector, or, except by recording my vote as allowed by law, the result of any election or referendum, and that I will not disclose any knowledge officially acquired by me touching the vote of any elector, except in reply to a question which I am legally bound to answer.\n\nSignature—\n\nDated the day of 19\n\nWitness to signature—\n\n(ii.) The fact that any Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, or Scrutineer has not signed the undertaking required by this Regulation shall not be a ground for setting aside any election or Referendum.\n\nPrescribed Polling Places for a Subdivision.\n\nSecs. 130, 139, 145, and 153a.\n\n19a. The polling places for a Subdivision shall be those polling places which are declared by the Minister by Gazette notice to be the polling places for that Subdivision; and those polling places shall be the polling places prescribed for all electors who are enrolled for that Subdivision.\n\nSame Polling Booth may be used for two Elections or Referendums.\n\nSec. 124.\n\n20\\. Where an election for the Senate and an election for the House of Representatives or one or more Referendums are held on the same day, the same polling booths and ballot-boxes may be used for the purposes, of the elections and Referendums or any of them, but the ballot-papers for each election and Referendum shall be distinctively coloured.\n\nBallot-boxes.\n\nSec. 129.\n\n21. Each ballot-box shall have a cleft in the cover through which the ballot-papers may be put into the ballot-box, and shall be provided with means for securely closing the cleft. The ballot-box shall also be capable of being securely fastened by means of a lock.\n\nCircle for Presiding Officer’s Initials.\n\nSecs. 131, 132 and 134.\n\n21a. A circle containing the words “Presiding Officer’s Initials” may be printed on the back of each ballot-paper to indicate the position in which the initials of the Presiding Officer should be placed. \n\nForm of Declaration under Section 139 (1) (b) of the Commonwealth Electoral Act 1902-1909.\n\nSec. 139 (1) (b).\n\n21b. The following form may be used in lieu of form Q in the Schedule to the Act.\n\nform Q.\n\nCommonwealth of Australia.\n\nState of\n\nThe Commonwealth Electoral Act 1902-1909.\n\nThe Referendum (Constitution Alteration) Act 1906-1909.\n\nForm of Declaration to be signed by a Voter before Voting at any Polling Place in the same Division other than a Prescribed Polling Place for the Subdivision for which he is enrolled.\n\nI declare that I am the person enrolled as—.\n\n| Surname. | Christian Names at full length | Place of Living. | Occupation. |\n| -------- | ------------------------------ | ---------------- | ----------- |\n| | | | |\n\non the Electoral Roll for the Subdivision of the Division of , and that I have not voted at either this or any other Polling Place, or by post, at the Election\\* being held this day, and I promise and declare that if I am permitted to vote at this Polling Place I will not vote elsewhere at this Election.\\*\n\nSignature of Elector\n\nDeclared before me this day of 19\n\nat Polling Place.\n\nPresiding Officer.\n\n\\* Note.—”Election” means a Senate Election; or a House of Representatives Election; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.\n\nFacilities for enabling an Elector to Vote at a Polling Place within the State, other than a Polling Place for the Division for which the Elector is Enrolled.\n\nSec. 139 (2).\n\n22\\. (I.) In the case of an election for the Senate or a General Election for the House of Representatives, or a Referendum held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being, an elector may, subject to this Regulation, vote as an absent voter at any polling place in the State (not being a polling place for the Division for which he is enrolled) which is presided over by an Assistant Returning Officer.\n\n(a) The elector must state his name, his place of living and occupation, and the Division and, to the best of his knowledge, the Subdivision for which he is enrolled.\n\n(b) The Assistant Returning Officer may, if he thinks fit, and shall, at the request of any scrutineer, put to the elector any of the questions prescribed by section 141 of the Commonwealth Electoral Act which is applicable to the case.\n\nC.1789. B \n\n(c) If the elector answers satisfactorily the questions put to him, or if no questions are put to him, he may be allowed to vote as an absent voter upon making a declaration (which may be printed on an envelope) in accordance with the following form:—\n\nCommonwealth of Australia.\n\nState of\n\nThe Commonwealth Electoral Act 1902-1909.\n\nThe Referendum (Constitution Alteration) Act 1906-1909.\n\nDeclaration to be made by an Elector voting at a Polling Place in the State (other than a Polling Place for the Division for which he is enrolled) which is presided over by an Assistant Returning Officer.\n\nI declare that I am the person enrolled as—\n\n| Surname. | Christian Names at full length. | Place of Living. | Occupation. |\n| -------- | ------------------------------- | ---------------- | ----------- |\n| | | | |\n\non the Electoral Roll for the Subdivision of the Electoral Division of , and that I have not voted at either this or any other Polling Place, or by post at the Election\\* being held this day, and I promise and declare that if I am permitted to vote at this Polling Place as an Absent Voter I will not vote elsewhere at this Election.\\*\n\n\\*Note.—“Election” means a Senate Election; or a House of Representatives Election; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.\n\nSignature of Elector\n\nDeclared before me this day of 19 ,\n\nat Polling Place.\n\nAssistant Returning Officer.\n\nDirections.\n\n1\\. This form of declaration must, after being filled up, be signed by the elector in his own handwriting in the presence of the Assistant Returning Officer, and then be completed and attested by the Assistant Returning Officer.\n\n2\\. The Assistant Returning Officer will then (subject to the provisions of Regulation 22) initial and hand to the elector a ballot-paper for the Senate Election or the House of Representatives Election or any Referendum (or ballot-papers for all of them, as the case requires) held on the date upon which this declaration is made.\n\n3\\. The elector will then forthwith—(a) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote in the manner directed on each ballot-paper handed to him; (b) fold each ballot-paper in such a manner as to conceal his vote and at once return the ballot-paper or ballot-papers so folded to the Assistant Returning Officer before whom he made the declaration.\n\n4\\. The Assistant Returning Officer will see that he receives from the elector each ballot-paper duly folded, and will, if necessary for purposes of identification, request the elector to again state his name. He will then, without unfolding the ballot-paper, forthwith in the presence of the elector enclose all the ballot-papers received from that elector in the envelope addressed to the Divisional Returning Officer and bearing the declaration of the elector, securely fasten the envelope, and forthwith forward it to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled. \n\n(II.) An Assistant Returning Officer if so authorized by the Divisional Returning Officer, may, by writing under his hand, delegate to an Assistant Presiding Officer any power, function, or duty, which is exercisable by him in pursuance of this Regulation, in which event the Assistant Presiding Officer shall for all the purposes of the delegation be deemed to be the Assistant Returning Officer, and may initial ballot-papers and, when attesting the declarations of electors, sign as Assistant Returning Officer: Provided that if in case of an emergency on polling day it becomes necessary in order to meet public convenience for an Assistant Returning Officer who from any cause has not received authority from the Divisional Returning Officer to delegate his functions under this Regulation, he may do so subject to his action being afterwards ratified by the Divisional Returning Officer, but in every such case the Assistant Returning Officer shall immediately report the facts to the Divisional Returning Officer.\n\nNotification of Despatch of Absent Voters’ Ballot-papers.\n\nSec. 139 (2) (c).\n\n24\\. Immediately after the close of the poll the Assistant Returning Officer shall, by telegraph or other expeditious means, send to each Divisional Returning Officer to whom he has forwarded any envelopes containing absent voters’ ballot-papers advice of the number of envelopes so forwarded.\n\nScrutiny of Absent Voters’ Ballot-papers.\n\n25\\. (I.) The Divisional Returning Officer for the Division for which the voter declares that he is enrolled shall examine the declaration on the envelope containing the absent voter’s ballot-paper, and if it appears to him that the person whose name is signed to the declaration is enrolled for the Division, and that the declaration is duly attested, he shall accept the ballot-paper for further scrutiny, but otherwise he shall reject the ballot-paper without opening the envelope. If he accepts the ballot-paper for further scrutiny he shall open the envelope without destroying the declaration and extract the ballot-paper and without unfolding it place the ballot-paper in the ballot-box.\n\n(II.) When all the absent voters’ ballot-papers received have been dealt with as prescribed in paragraph (I.) of this Regulation, the ballot-box containing accepted ballot-papers shall be well shaken and the ballot-papers may then be taken out and the scrutiny of them proceeded with: Provided that in cases where a large number of absent voters’ ballot-papers have to be dealt with the procedure prescribed in this paragraph may be taken from time to time when the ballot-box contains one hundred ballot-papers for each election or referendum, but so that the Divisional Returning Officer shall keep enough ballot-papers in the ballot-box uncounted so as to secure as nearly as practicable that all ballot-papers when counted shall be taken from a number not being less than one hundred for each election or referendum.\n\n(III.) At the scrutiny the Divisional Returning Officer shall open the absent voters’ ballot-papers, and shall allow and count those which are formal, and shall disallow and reject those which are informal.\n\n(IV) An absent voter’s ballot-paper shall be informal if—\n\n(a) in an Election for the Senate or the House of Representatives or in a Referendum, it is not authenticated by the initials of the Assistant Returning Officer in accordance with these Regulations, or by an official mark as prescribed under the provisions of the Commonwealth Electoral Act or the Referendum (Constitution Alteration) Act (as the case requires) in force for the time being; \n\n(b) in an Election for the Senate, it has votes indicated on it for a greater or less number of Candidates than the number required to be elected;\n\n(c) in an Election for the House of Representatives, it has more than one vote indicated on it;\n\n(d) in a Referendum, it has more than one vote indicated on it;\n\n(e) in an Election or Referendum, it has no vote indicated on it; and\n\n(f) in an Election for the Senate or the House of Representatives or in a Referendum, it has upon it any mark or writing not authorized to be put upon it which, in the opinion of the Divisional Returning Officer, will enable any person to identify the voter.\n\n(V) Each Divisional Returning Officer shall seal up in separate parcels—\n\n(a) all envelopes from which absent voters’ ballot-papers have been taken;\n\n(b) all unopened envelopes containing absent voters’ ballot-papers;\n\n(c) all absent voters’ ballot-papers for each election or referendum allowed or admitted as formal; and\n\n(d) all absent voters’ ballot-papers for each election or referendum disallowed or rejected as informal;\n\nand shall transmit all sealed parcels of ballot-papers relating to the Referendum to the Commonwealth Electoral Officer for the State, and shall preserve the remaining parcels and their contents until authorized by the Commonwealth Electoral Officer for the State to destroy them. The sealed parcels shall only be opened for the purposes of an authorized recount or by direction of the Court of Disputed Returns or the Commonwealth Electoral Officer for the State.\n\nArrangements in connexion with the Scrutiny.\n\nSec. 155.\n\n26\\. (I.) Forthwith after the receipt of the ballot-box at a counting centre from a Presiding Officer, the Divisional Returning Officer or Assistant Returning Officer shall exhibit it for the inspection of the scrutineers present, and shall record the condition in which the box is received, and shall then, in the presence of the scrutineers present, open the ballot-box and take out and count the ballot-papers (but not inspect the votes), and record the total number of the ballot-papers taken therefrom, and thus check the statement of the Presiding Officer.\n\n(II.) If the total number of ballot-papers taken from a ballot-box is not less than one hundred, the votes may immediately be inspected and counted.\n\n(III.) If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes in it shall be reserved.\n\n(IV.) The ballot-papers in the reserve ballot-box may be taken out and counted when all the ballot-papers taken from any two or more ballot-boxes and placed in the reserve ballot-box exceed one hundred, but in cases where no more ballot-boxes are to be received at the counting centre, the ballot-papers may be taken out and counted, notwithstanding that there are less than one hundred ballot-papers in the reserve ballot-box. \n\nPreservation of Ballot-papers, Lists of Voters, and “Q” Forms.\n\nSec. 159.\n\n27\\. All ballot-papers, Lists of Voters, and “Q” forms used at an election or Referendum shall, after the scrutiny is completed, be sealed up by the officer who conducted the scrutiny. Assistant Returning Officers shall transmit all the ballot-papers and other documents referred to above sealed up by them to the Returning Officer for the Division, who, subject to the provisions of Regulation 34, shall be responsible for the safe custody of these documents until the authority of the Commonwealth Electoral Officer for the State has been obtained for their destruction.\n\nRecount of Ballot-papers.\n\nSecs. 161a and 164a.\n\n28\\. (I.) Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall send to each candidate notice of the time and place when the recount will be made.\n\n(II.) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineers, or (if no scrutineers are present) in the presence of a witness, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.\n\n(III.) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any indorsements on the parcel, and every care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.\n\n(IV.) After a parcel has been opened and the votes therein counted, the ballot-papers shall be placed in their original cover, which shall be re-sealed, re-fastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact and date of the recount and shall be signed by the Divisional Returning Officer.\n\nElectoral Expenses.\n\nSec. 172.\n\n29\\. The fee to be paid for an inspection of the Return and the receipted bills of particulars of a candidate’s electoral expenses shall be 2s. 6d.\n\nPART III.—REFERENDUM REGULATIONS.\n\nForm of Postal Ballot-paper.\n\n30\\. The postal ballot-paper for a Referendum shall be in accordance with the following form:—\n\n\\[Front of Form.\\]\n\nCommonwealth of Australia.\n\nState of \\[here insert name of State\\],\n\nThe Referendum (Constitution Alteration) Act 1906-1909.\n\nSubmission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled \\[here set out the title of the proposed law\\].\n\nPOSTAL BALLOT-PAPER.\n\nQuestion:—Do you approve of the proposed law for the alteration of the Constitution, entitled \\[here set out the title of the proposed law\\]?\n\n![](image.014.png)YES.\n\n![](image.014.png)NO.\n\nNote.—The elector must not mark his vote on this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon. \n\n\\[Back of Form.\\]\n\nPOSTAL BALLOT-PAPER.\n\nFasten here.\\*\n\n![C1910L00137.jpg](image.015.jpeg)\n\nFasten here.\\*\n\nSubmission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled \\[here set out the title of the proposed law\\].\n\nThe Referendum (Constitution Alteration) Act 1906-1909.\n\nState of—\n\nCommonwealth of Australia.\n\nDirections to Elector.\n\n(a) The elector shall exhibit his postal ballot-paper (in blank) and his postal vote certificate to an authorized witness.\n\n(b) The elector shall then, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper as follows:—\n\nIf he APPROVES of the proposed law he should make a cross in the square opposite the word “YES.”\n\nIf he DOES NOT APPROVE of the proposed law he should make a cross in the square opposite the word “NO.”\n\n(c) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark his vote on the ballot-paper in the presence of a witness, and shall fold and secure the ballot-paper so that the vote cannot be seen).\n\n(d) The elector shall then, 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.\n\n(e) The authorized witness shall then 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.\n\n(f) The ballot-paper shall then be placed in the envelope addressed to the Returning Officer which must then be fastened and taken charge of by the authorized witness for posting.\n\nDirections to Authorized Witness.\n\nThe authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (c) of the Directions to Elector (above), 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.\n\nEvery authorized witness shall—\n\n(a) comply with the preceding directions in so far as they are to be complied with on his part;\n\n(b) see that the preceding directions are complied with by every elector voting by post before him and by every person present when the elector votes;\n\n(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and\n\n(d) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.\n\nPenalty: One hundred pounds or Three months’ imprisonment.\n\nDuty of Persons present when an Elector votes by Post.\n\nAny person present when an elector is before an authorized witness for the purpose of voting by post shall—\n\n(a) obey all directions of the authorized witness;\n\n(b) refrain from making any communication whatever to the elector in relation to his vote;\n\n(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and\n\n(d) except as provided in paragraph (c) of the Directions to Elector (above) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.\n\nPenalty: One hundred pounds or Three months’ imprisonment.\n\n\\[Fold in.\\] \n\nManner of Marking Postal Votes.\n\n30a. The manner in which an elector voting by post shall mark his vote in a Referendum is as follows:—\n\nIf he approves of the proposed law, by making a cross in the square opposite the word “Yes,”\n\nIf he does not approve of the proposed law, by making a cross in the square opposite the word “No,”\n\nForm of Absent Voter’s Ballot-paper.\n\n31\\. The ballot-paper to be used in connexion with the Regulations under section 139 (2) of the Commonwealth Electoral Act 1902-1909 in relation to a referendum shall be in accordance with the form “C” in the Schedule to the Referendum (Constitution Alteration) Act 1906-1909.\n\nOfficial Mark.\n\n31a. The official mark for the authentication of referendum ballot-papers shall be the official mark prescribed for electoral ballot-papers.\n\nReferendum in Divisions where no Electoral Poll is Taken.\n\n32\\. Where the day fixed for the taking of the votes of the electors for the purposes of a referendum is the same as that fixed for the polling at a Senate election or a general election for the House of Representatives, but in any Division no poll is taken for the purposes of the election, then for the purposes of the referendum—\n\n(a) the forms in these Regulations may be modified so far as is necessary to enable them to apply as regards that Division to the referendum only, and\n\n(b) any forms under these Regulations may as regards that Division be deemed to refer to the referendum only.\n\nCustody of certain Papers.\n\n33\\. Where any application, certificate, declaration, or form has effect in relation to a referendum and also in relation to an election, it may be retained in the custody of the officer in whose custody it would have been retained had it related solely to the election.\n\nCustody of Ballot-papers.\n\n34\\. All ballot-papers used for voting at a referendum shall be preserved in the custody of the Commonwealth Electoral Officer for the State in which they were counted until the Commonwealth Electoral Officer is authorized to destroy them.\n\nDestruction of Ballot-papers.\n\n35\\. (I.) When a referendum can be no longer questioned, the Chief Electoral Officer for the Commonwealth may, by writing, authorize the destruction of the ballot-papers used for voting at the referendum.\n\n(II.) The Commonwealth Electoral Officer for the State shall, on receipt of the authority for the destruction of the ballot-papers, destroy them in the presence of a witness, and shall, in writing, inform the Chief Electoral Officer of their destruction. \n\nINDEX.\n\n——\n\n| | No. | Page |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ---- |\n| Application of Regulations......................................... | 1 | 1 |\n| Part I.—Electoral Regulations— | | |\n| Definition................................................. | 2 | 1 |\n| Change of Electors from one Roll to another........................... | 3 | 2 |\n| Form of Roll............................................... | 4 | 2 |\n| Sale of Electoral Rolls......................................... | 5 | 3 |\n| Rolls to be Open to Public Inspection............................... | 6 | 3 |\n| Notice to Person whose Name has been Omitted from a Subdivision Roll on the Preparation of new Rolls | 6a | 3 |\n| Combined Form of Claim for Enrolment, Transfer, or Change............... | 6aa | 3 |\n| Acknowledgment of Claim...................................... | 6b | 4 |\n| Rejection of Claim for Enrolment.................................. | 7 | 4 |\n| Notification of Transfer to another Electoral Division..................... | 8 | 5 |\n| Notification of Change from one Subdivision to another Subdivision within the same Electoral Division | 10 | 5 |\n| Application for Alteration or Correction............................. | 11 | 6 |\n| Form of Notice of Objection..................................... | 11a | 7 |\n| Notice to Person Objected to..................................... | 12 | 8 |\n| Manner of Answering Objection.................................. | 13 | 9 |\n| Inquiry into Objection......................................... | 14 | 9 |\n| Notice of Determination of Objection............................... | 15 | 9 |\n| Electoral Appeal............................................. | 16 | 10 |\n| Withdrawal by Candidate of Consent to Nomination..................... | 17 | 10 |\n| Form of Postal Ballot-paper for a Senate Election....................... | 17c | 10 |\n| Form of Postal Ballot-paper for a House of Representatives Election........... | 17d | 12 |\n| Manner of Marking Postal Vote................................... | 17e | 13 |\n| Official Mark............................................... | 17f | 13 |\n| Form of Absent Voter’s Ballot-paper............................... | 17g | 13 |\n| Part II.—Electoral and Referendum Regulations— | | |\n| Form of Application for a Postal Vote Certificate and Postal Ballot-paper....... | 17h | 14 |\n| Form of Postal Vote Certificate................................... | 17j | 15 |\n| Ballot-box for Postal Votes...................................... | 18 | 15 |\n| Undertaking to be made by Officers and Scrutineers...................... | 19 | 16 |\n| Prescribed Polling Places for a Subdivision........................... | 19a | 16 |\n| Same Polling Booth may be used for two Elections or Referendums........... | 20 | 16 |\n| Ballot-boxes................................................ | 21 | 16 |\n| Circle for Presiding Officer’s Initials................................ | 21a | 16 |\n| Form of Declaration under Section 139 (1) (b) of the Commonwealth Electoral Act 1902-1909 | 21b | 17 |\n| Facilities for Enabling an Elector to Vote at a Polling Place within the State, other than a Polling Place for the Division for which the Elector is Enrolled | 22 | 17 |\n| Notification of Despatch of Absent Voter’s Ballot-papers.................. | 24 | 19 |\n| Scrutiny of Absent Voter’s Ballot-papers............................. | 25 | 19 |\n| Arrangements in Connexion with the Scrutiny......................... | 26 | 20 |\n| Preservation of Ballot-papers, Lists of Voters, and “Q” Forms............... | 27 | 21 |\n| Re-count of Ballot-papers....................................... | 28 | 21 |\n| Electoral Expenses........................................... | 29 | 21 |\n| Part III.—Referendum Regulations— | | |\n| Form of Postal Ballot-paper...................................... | 30 | 21 |\n| Manner of Marking Postal Votes.................................. | 30a | 23 |\n| Form of Absent Voter’s Ballot-paper............................... | 31 | 23 |\n| Official Mark............................................... | 31a | 23 |\n| Referendum in Divisions where no Electoral Poll is taken.................. | 32 | 23 |\n| Custody of Certain Papers....................................... | 33 | 23 |\n| Custody of Ballot-papers....................................... | 34 | 23 |\n| Destruction of Ballot-papers..................................... | 35 | 23 |\n\nPrinted and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1980},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain strictly within the scope of the empowering Acts (Commonwealth Electoral Act 1902-1909 and Referendum Act 1906-1909). They are purely procedural, operationalizing the statutory framework by prescribing forms, fees, and administrative steps without expanding the substantive legal scope or creating new categories of regulated conduct beyond what the Acts envisaged."},"complexity_factors":["Over 35 regulations prescribing detailed administrative procedures for enrolment and voting","Numerous mandatory forms with specific formatting requirements (e.g., Form K for postal votes, Forms O and P for absent voters)","Dual application to both the Commonwealth Electoral Act and the Referendum (Constitution Alteration) Act requiring cross-referencing","Detailed multi-step procedural requirements for postal and absent voting with authentication and witnessing rules","Specific penalty provisions throughout (e.g., £50 for false witnessing, £100 or 3 months imprisonment for breaching voting secrecy)","Extensive cross-referencing to specific sections of the parent Acts (e.g., sections 26, 56, 59, 139)"],"plain_english_summary":"This regulation sets practical rules for running federal elections and constitutional referendums, governing how people enrol, vote (including postal and absent voting), challenge or correct enrolments, and how votes are counted and preserved. It prescribes official forms, fees for roll copies, and penalties for offences. It primarily affects voters, electoral officials, and those administering disputes — ensuring orderly, secure administration of Commonwealth electoral and referendum processes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations supersede earlier provisional regulations (Regulation 1) and prescribe detailed administrative procedures and forms for implementing the Commonwealth Electoral Act 1902–1909 and the Referendum (Constitution Alteration) Act 1906–1909. They do not, on their face, alter the substantive qualifications for enrolment or the franchise set out in those Acts; rather they set out how those substantive rules are to be operationally applied, evidenced, contested and recorded."},"complexity_factors":["Large number of prescribed forms and form variants (claims, notices, postal ballots, absent-voter envelopes, declarations) increasing compliance detail and transcription risk (Regulations 6aa, 11a, 17c–17j, 30).","Cross-references to multiple provisions of the Commonwealth Electoral Act 1902–1909 and the Referendum (Constitution Alteration) Act 1906–1909, requiring readers to consult primary Acts for substantive rules (see opening note and repeated section citations).","Discretion vested in electoral officials (Minister, Divisional Returning Officers, Assistant Returning Officers, Commonwealth Electoral Officer) for inquiries, delegation, acceptance/rejection of claims and objections, and counting procedures (Regs 3, 7, 14, 22, 24–26).","Multiple voting pathways and special procedures (postal voting, absent voting, voting at non-prescribed polling places, witness requirements) each with distinct evidentiary and custody rules to follow (Regs 17c–17e, 22, 24–25).","Criminal penalties and monetary fines tied to specific procedural failures (false statements, improper witnessing, disclosure of votes) that raise legal risk for witnesses and officials (see penalties in regs for forms and directions).","Detailed chain-of-custody and archival rules for ballot-papers, sealed parcels and recounts, creating administrative burdens and records-management requirements (Regs 25–28, 34–35).","Procedural edge-cases and timing constraints (notification periods, one-calendar-month appeal windows, polling-day delegation contingencies) that create strict deadlines for challenges and remedies (Regs 7, 15, 16, 22)."],"plain_english_summary":"This instrument replaces earlier provisional electoral regulations and prescribes the practical rules for running Commonwealth elections and referendums: the exact forms to use, how rolls are amended and sold, how enrolment claims and objections are handled, how postal and absent voting must be conducted, scrutiny and recount procedures, custody and destruction of papers, and penalties for breaches. It affects electoral officers, authorized witnesses, candidates and all enrolled electors, because it determines how votes are cast, verified, counted and legally challenged."}},"importantCases":[],"_links":{"self":"/api/acts/c1910l00137","history":"/api/acts/c1910l00137/history","analysis":"/api/acts/c1910l00137/analysis","conflicts":"/api/acts/c1910l00137/conflicts","importantCases":"/api/acts/c1910l00137/important-cases","documents":"/api/acts/c1910l00137/documents"}}