Electoral and Referendum Regulations

PART 1.—PRELIMINARY.

Short title

1. These Regulations may be cited as the Electoral and Referendum Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Electoral—

Division 1.—Enrolment.

Division 2.—Enforcement of law in relation to enrolment.

Division 3.—Objections.

Division 4.—Miscellaneous.

Part III.—Electoral and Referendum—

Division 1.—Conduct of Elections and Referendums.

Division 2.—Voting by Post.

Division 3.—Facilities for voting as an Absent Voter.

Division 4.—Forms of Absent Voters’ Ballot-papers.

Division 5.—Records in connexion with Absent Votes.

Division 6.—Scrutiny of Absent Voters’ Ballot-papers.

Division 7.—Scrutiny of Postal Ballot-papers.

Division 8.—Votes recorded in pursuance of Sections 91a, 121 and 121a of the Act.

Division 9.—Scrutiny by Assistant Returning Officer.

Division 10.—Recount of Ballot-papers.

Division 11.—Enforcement of law in relation to Compulsory Voting.

Division 12.—Miscellaneous.

Part IV.—Referendum.

C.9529.

[Electoral Regulations, 3—9]

Repeal.

3. The Electoral and Referendum Regulations being Statutory Rules 1926, No. 201, made under the Commonwealth Electoral Act 1918–1928 and the Referendum (Constitution Alteration) Act 1906–1926, are repealed.

Application of regulations to relation to joint rolls.

4. These Regulations shall not apply in relation to joint rolls in any State with which an arrangement pursuant to section 32 of the Act is made, so far as provision is made by any joint regulations relating thereto, but shall, to the extent to which they are applicable, apply in relation to other matters in connexion with those joint rolls, and, for the purposes of the application of any regulations relating to compulsory enrolment, any reference in these Regulations to a form shall where an appropriate form is provided by the joint regulations, include a reference to the form so provided.

Definitions.

5. In these Regulations, unless the contrary intention appear—

“Referendum” means a referendum held under the provisions of the Referendum (Constitution Alteration) Act for the time being in force;

“The Act” means the Commonwealth Electoral Act 1918 as amended from time to time.

Any reference to a form shall be read as a reference to a form in the Schedule.

PART II.—ELECTORAL.

Division 1.—Enrolment.

Form of roll.

Sec. 31.

6. The Roll may be in accordance with Form 1, and shall contain the particulars indicated therein.

Sale of electoral rolls.

Sec. 37(1).

7. The prices at which Rolls shall be sold shall be as follow:—

Form of electoral claim.

Secs. 40-42 and 47.

8. (1) The form of claim for enrolment, or transfer of enrolment, or notification of change of address within the same Subdivision, may be in accordance with Form 2.

(2) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2 as the case requires, or in such other form, signed by the applicant, as the Registrar approves.

Registration of claim.

Secs. 48 (1), 49 (1) (a) and (b).

9. (1) Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within the Subdivision, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and if the

[Electoral Regulations, 10—16]

claim, notification, or application is in order and he is satisfied that the claimant is entitled to be enrolled or to have his name transferred or the particular of his enrolment altered or corrected, the Registrar shall forthwith—

(i) enter on the Subdivision Roll the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires; and

(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant in accordance with Form 3 that he has been enrolled; and

(iii) in the case of a transfer of enrolment give notice of the transfer to the Registrar keeping the Subdivision Roll from which the elector’s name has been transferred.

(2) An interim acknowledgment of the receipt, after the issue of the Writ for an election or a referendum, and before the close of the polling at the election or referendum, of a claim for enrolment or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.

Notification of transfer of enrolment.

Sec. 43 (1).

10. The notification of the transfer of the enrolment of an elector, or the enrolments of electors, may be in accordance with Form 4.

Reference of claim to Divisional Returning Officer.

Sec. 44 (1).

11. (1) The reference of an Electoral Claim to the Divisional Returning Officer for his decision pursuant to section 44 (1) of the Act may be made in the form authorized by the Chief Electoral Officer.

(2) The notification to the claimant of such reference may be in accordance with Form 5.

Notification of rejection of claim.

Sec. 44 (4).

12. (1) The notification by the Divisional Returning Officer to the Registrar of the rejection of an Electoral Claim may be in the form authorized by the Chief Electoral Officer.

(2) The notification to the claimant of the rejection of an Electoral Claim may be in accordance with Form 6.

Formally defective claim.

13. The Registrar, upon receipt of an Electoral Claim which is not in order by reason of some formal defect only, may send to the claimant a notification in accordance with Form 7 indicating the nature of the defect, and, as the case requires—

(a) return the Claim to him for completion or correction; or

(b) furnish him with a fresh form of Claim for completion.

Certificate authorizing removal of name.

Sec. 47 (1) (A).

14. The certificate of the Commonwealth Electoral Officer authorizing the removal of the name of an elector, or the names of electors, from a roll, and the direction of the Divisional Returning Officer thereon, may be in accordance with Form 8.

Notification of removal of name from roll.

Sec. 47 (1) (A).

15. Where a name is removed from a Roll by direction of the Divisional Returning Officer upon the certificate of the Commonwealth Electoral Officer pursuant to Section 47 (1) (h) of the Act, the Registrar shall send to the elector whose name is so removed a notification in accordance with Form 9.

Change of electors from one roll to another under Section 28 of Act.

Sec. 28.

16. (1) The change of electors from one Roll to another in accordance with section 28 of the Act shall be effected, where necessary, 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.

[Electoral Regulations, 17—20]

(2) In the following cases notice of the change shall be given by notice in the Gazette and in some newspaper circulating in the part affected:—

(a) when a Subdivision is abolished and all electors whose names are on the roll for that Subdivision are changed to another Subdivision roll; or

(b) when by reason of the alteration of the boundaries of a Division, any Subdivision is changed from one Division to another Division, and all the names of electors which are on the Subdivision roll for the first-mentioned Division are changed to a Subdivision roll for the last-mentioned Division; or

(c) when in consequence of a proclamation for the preparation of new rolls or action thereunder (other than action by an elector), the enrolment of any electors is changed to a Subdivision or Division which differs in name from the Subdivision or Division for which they were enrolled prior to the proclamation, and in the opinion of the Officer charged with the preparation of the new rolls, a reasonably effective notice, generally applicable to all electors in a Subdivision whose enrolments have been changed can be so given.

(3) In any case to which the last preceding sub-regulation does not apply, notice of the change shall be sent by post to each elector concerned, and may be in accordance with Form 10.

Division 2.—Enforcement of Law in Relation to Enrolment.

Inquiry and report by Registrar.

17. The Registrar shall, subject to such directions as he receives from the Divisional Returning Officer, make such inquiries from time to time as are practicable in order to ascertain the names of qualified persons who are entitled to enrolment for the Subdivision for which he keeps the Roll, but are not enrolled therefor, and shall, when any failure to comply with the law is disclosed, report to the Divisional Returning Officer in accordance with Form 11.

Notification in respect of offence.

18. Subject to such directions as are issued by the Chief Electoral Officer, the Divisional Returning Officer shall, if satisfied that a qualified person has failed to comply with the requirements of Section 42 of the Act, forthwith notify him of such failure in accordance with Form 12, and inform him that he may reply by Declaration in accordance with Form 12a setting out any facts relevant to the matter, and that he has the option of having the matter dealt with either by the Commonwealth Electoral Officer for the State, or by a Court of Summary Jurisdiction.

Consent to matter being dealt with by Commonwealth Electoral Officer.

19. Any person to whom a notification has been sent pursuant to the last preceding regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the Divisional Returning Officer in accordance with Form 13.

Proceedings upon receipt of consent to matter being dealt with by Commonwealth Electoral Officer.

20. Upon the receipt from a person who has failed to comply with the requirements of Section 42 of the Act, of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and undertaking to abide by the decision of that officer, the Divisional Returning Officer shall consider the statements contained in the Declaration (if any) submitted by the person, make such further inquiry as he deems necessary,

[Electoral Regulations, 21—24]

and, unless he decides to withdraw the case, transmit the Declaration (if any) and notification, with a report as to the facts and his opinion thereon, to the Commonwealth Electoral Officer.

Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.

21. (1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt of a report from a Divisional Returning Officer in respect of an alleged contravention of Section 42 of the Act, consider all the facts, and if satisfied that the person concerned is in default or has contravened the provisions of the Section, he may make an order imposing upon that person a penalty not exceeding Ten shillings for a first offence, and not exceeding Two pounds for any subsequent offence, and notify the Divisional Returning Officer thereof and of the time allowed for payment.

(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this Regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of Regulation 23 of these Regulations.

(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this Regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty.

22. The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any person for a contravention of Section 42 of the Act, shall notify the person in accordance with Form 14.

Enforcement of penalties.

23. (1) Any order made by a Commonwealth Electoral Officer under Regulation 21 of these Regulations imposing a penalty, may be filed in any Court of Summary Jurisdiction, and thereupon the order shall have effect as if it were an Order of that Court.

(2) Subject to these Regulations, all laws of the State relating to the enforcement of Orders of Courts of Summary Jurisdiction in force in the place where the Court in which the Order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty specified in the Order so filed, and to any process for such enforcement.

(3) On the application of a Divisional Returning Officer, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or other applicable process, for the purpose of the enforcement of the Order so filed.

(4) A warrant of execution or other applicable process may be in accordance with any form of warrant of execution or distress or other process applicable to the circumstances under any law in force in the State where the warrant is issued.

(5) Any form of warrant of execution, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, or other process, shall be held to be invalid by reason of want of form.

Proceedings where matter not dealt with by Commonwealth Electoral Officer.

24. (1) Where any person to whom a notification pursuant to regulation 18 has been sent fails, within the time allowed, to reply thereto, or does not within that time consent to the matter being dealt with by the Commonwealth Electoral Officer, the Divisional Returning Officer shall, subject to such directions as he receives from the Commonwealth Electoral Officer,

[Electoral Regulations, 25—29]

if he is satisfied that such person has contravened Section 42 of the Act, cause proceedings to be instituted against him in a Court of Summary Jurisdiction:

Provided that where the Divisional Returning Officer, with the concurrence of the Commonwealth Electoral Officer for the State, deems it advisable, the Registrar for the Subdivision may institute proceedings in his own name, and in any such proceedings the authority of the Registrar shall not be questioned.

(2) If, in any case in which proceedings are instituted in a Court of Summary Jurisdiction, the Divisional Returning Officer has received from the person concerned a Declaration in pursuance of regulation 18 he shall, as far as it is practicable and necessary for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, cause the declaration to be brought to the notice of the Court.

(3) The Court shall at the hearing of the case consider the declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.

Declaration of prosecuting officer to be considered by Court.

25. (1) In any prosecution in respect of any contravention of Section 42 of the Act the prosecuting officer may lodge with the Court a statutory declaration in support of the charge, and it shall not then be necessary for him to attend at the hearing.

(2) Where a statutory declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, shall consider the statutory declaration as if the matter set out therein had been given in evidence before it.

(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.

Division 3.—Objections.

Notice of objection.

Sec. 53.

26. (1) The notice of objection lodged by an elector or officer—not being a Registrar—in respect of a name on a Roll may be in accordance with Form 15.

(2) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Divisional Returning Officer may be in accordance with Form 16.

Notice to person objected to on the ground of non-residence.

Sec. 55.

27. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to upon the ground of non-residence may be in accordance with Form 17.

Notice to person objected to on ground other than of non-residence.

Sec. 55.

28. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to on a ground other than non-residence may be in accordance with Form 18.

Manner of answering objection.

Sec. 56.

29. Any person against whom an objection has been lodged or made may answer the objection as follows:—

(a) by attending before the Divisional Returning Officer at the place mentioned in the notice sent by the Divisional Returning Officer to him and making an oral statement to show that the objection is not good; or

[Electoral Regulations, 30—32]

[Electoral and Referendum Regulations, 33—34]

(b) by sending by post or delivering to the Divisional Returning Officer at his office a statement in writing to show that the objection is not good.

Inquiry into objection.

Sec. 57.

30. Before determining an objection, the Divisional Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.

Notice of determination of objection.

Sec. 57.

31. (1) Upon determining an objection the Divisional Returning Officer shall send notice of his decision in accordance with Form 19 to the objector if the objector is not a Registrar, and to the person objected to if the person objected to has answered the objection within the prescribed period.

(2) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 16, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.

Division 4.—Miscellaneous.

Electoral appeals.

Sec. 58.

32. (1) An application under section 58 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 or transfer of enrolment (regulation 12), or of notice of the determination of an objection (regulation 31), and may be made in writing in the form of a complaint setting out the material facts and asking that the Divisional Returning Officer be summoned to answer the complaint.

(2) Upon the complaint being lodged with him, the clerk of the court shall issue a summons to the Divisional 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 claim for enrolment or transfer of enrolment, or the objection, as the case requires.

(3) The Divisional 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 claim for enrolment or transfer of enrolment, or the objection, as the case requires, but, if he does not desire to appear, 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 any such statement shall be considered by the court at the hearing.

(4) The Divisional Returning Officer, if present at the hearing, or the person representing him, shall be entitled to be heard.

Part III.—Electoral and Referendum.

Division 1.—Conduct of Elections and Referendums.

Notification of desire to be grouped.

Sec. 72A.

33. The notification by a candidate of his desire to have his name included in a group with the names of other candidates in that proposed group and with those names only, may be in accordance with Form 20.

Undertaking by Officers and Scrutineers.

Secs. 98 and 108.

34. (1) Every Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Substitute Presiding Officer, Poll Clerk, and Scrutineer shall make and subscribe an undertaking in accordance with Form 21.

(2) An omission by a Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Substitute Presiding Officer, Poll Clerk, or Scrutineer to sign the undertaking required by this Regulation shall not be a ground for setting aside any election or referendum.

[Electoral and Referendum Regulations, 35—42]

Polling places.

Sec. 27.

35. (1) 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 for all electors who are enrolled for that Subdivision.

(2) Until polling places are declared by the Minister in pursuance of this Regulation, the polling places declared in pursuance of regulations repealed by these Regulations shall be deemed to be polling places declared for the purpose of this Regulation.

Use of polling booth for two elections, &c.

Sec. 98.

36. The polling booth and ballot-boxes provided for the purposes of any election may be used for the purposes of any other election or any referendum or referendums held on the same day; but the ballot-papers for each election and referendum shall be distinctively coloured.

Provided that where in pursuance of section 14a of the Referendum (Constitution Alteration) Act 1906–1926 two or more forms of referendum ballot-paper are on one piece of paper those form of ballot-paper may be of the same colour.

Ballot-boxes.

Sec. 102.

37. Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited in 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.

Official mark.

Sec. 133.

38. 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.

Endorsement on ballot-papers.

Secs. 90 and 107.

39. A circle containing the words “Divisional Returning Officer’s initials,” or “Presiding Officer’s initials,” as the case requires, may be printed on the back of any ballot-paper, and the words “Postal Vote “or “Absent Vote” may be printed or written on the back of any postal ballot paper or absent voter’s ballot-paper, as the case requires.

Division 2 —Voting by Post.

Form of application for postal vote certificate and postal ballot-paper.

Sec. 85.

40. (1) The application for a postal vote certificate and a postal ballot-paper or postal ballot-papers for a Senate election or a House of Representatives election or a referendum, or all of them, as the case requires, may be in accordance with Form 22.

(2) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and postal ballot-paper (or postal ballot-papers) would in the ordinary course of post be delivered to him.

Form of postal vote certificate.

Sec. 88.

41. (1) The postal vote certificate may be in accordance with Form 23.

(2) The form may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate declarer that he is enrolled.

Forms of postal ballot-paper.

Sec. 88.

42. (1) The postal ballot-paper for a Senate election may be in accordance with Form 24.

(2) Before issuing any postal ballot-paper for a Senate election, the Divisional Returning Officer shall, if the particulars are not already printed thereon, insert in the ballot-paper—

(a) the name of the State for which the voter declares that he is enrolled;

(b) the number of candidates to be elected;

[Electoral and Referendum Regulations, 43—45a]

(c) the full names of all candidates for that State in the order directed by the Commonwealth Electoral Officer for the State, and grouped as directed by that Officer in accordance with the provisions of section 105a of the Act; and

(d) the prescribed number of candidates for which the voter must indicate the order of his preference.

(3) The postal ballot-paper for a House of Representatives election may be in accordance with Form 25.

(4) Before issuing a postal ballot-paper for a House of Representatives election the Divisional Returning Officer shall, if the particulars are not already printed thereon, fill in (a) the name of the State and the name of the Division for which the voter declares that he is enrolled; and (b) the full names of all the candidates for that Division, in alphabetical order according to their surnames.

(5) The postal ballot-paper for a referendum may be in accordance with Form 26 or 27 as the case requires.

(6) Before issuing a referendum postal ballot-paper for any State in the Commonwealth other than the State in which the Divisional Returning Officer performs his duties, he shall strike out the name of the State printed thereon and insert the name of the State for which the applicant declares that he is enrolled.

Postal ballot-paper, &c, to be delivered to applicant or sent to his place of living.

43. The postal vote certificate and postal ballot-paper (or postal ballot-papers) shall be delivered to the applicant elector personally or sent by post to him at the place stated in his application in accordance with the provisions of sub-regulation (2) of regulation 40 of these Regulations.

Manner of marking postal votes.

44. In a Senate election, or a House of Representatives election, or a referendum a voter voting by post shall mark his vote on his postal ballot-paper in the manner indicated in the directions set forth on the ballot-paper.

Postal ballot-paper received by Divisional Returning Officer or Assistant Returning Officer under s. 92 (2).

44a. (1) When, before the close of the poll in an election—

(a) a Divisional Returning Officer receives from a postal voter an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper or postal ballot-papers issued in respect of a Division other than the Division for which he acts as Divisional Returning Officer; or

(b) an Assistant Returning Officer receives from a postal voter an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper or postal ballot-papers,

which envelope has been posted or delivered to him in pursuance of section 92 (2) of the Act, the Divisional Returning Officer or Assistant Returning Officer, as the case may be, shall immediately—

(i) endorse on the envelope the words “Received by me” and add the date of receipt, his signature, and the words Divisional Returning Officer or “Assistant Returning Officer” as the case requires;

(ii) make a record of the name of the voter and the name of the Division, appearing in the postal vote certificate;

(iii) enclose the envelope in an outer cover addressed to the Divisional Returning Officer for the Division in respect of which the voter named in the postal vote certificate is entitled to vote and forthwith transmit if by registered post to that Divisional Returning Officer; and

(iv) advise that Divisional Returning Officer, in the form authorized by the Chief Electoral Officer, by telegram (or by letter, where such letter will in ordinary course reach that Divisional

[Electoral and Referendum Regulations, 45b—45]

Returning Officer prior to eight o’clock in the evening of the third day after the close of the poll) of the receipt and despatch of the said envelope.

(2) The Assistant Returning Officer shall at the close of the poll forward the record made by him pursuant to paragraph (ii) of the last preceding sub-regulation to the Divisional Returning Officer for his Division, who shall retain the same together with the records made by him under that paragraph.

Postal ballot-paper received by Presiding Officer under

sec. 92 (2).

44b. When, before the close of the poll in an election, a Presiding Officer receives from a postal voter an envelope bearing a postal vote certificate, and purporting to contain a postal ballot-paper or postal ballot-papers, which envelope has been delivered to the Presiding Officer in pursuance of section 92 (2) of the Act, he shall—

(a) endorse on the envelope the words “Received by me at the Polling Place” and add his signature, the words “Presiding Officer” and the date;

(b) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;

(c) forthwith deposit the envelope in the ballot-box used for the purpose of the polling at his polling place; and

(d) at the close of the poll forward the record, duly certified, under seal to the Assistant Returning Officer.

Postal voters’ ballot-papers taken from ballot-box—action by Assistant Returning Officer.

Sec. 82 (2).

44c. The Assistant Returning Officer, on receipt from a Presiding Officer of a ballot-box containing postal voters’ ballot-papers enclosed in the envelopes bearing postal vote certificates, will take the following action in respect of all such envelopes:—

(a) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;

(b) endorse on each envelope the words “Taken from the ballot-box used at the Polling Place”, and add his signature, the words “Assistant Returning Officer” and the date;

(c) place in a separate outer envelope all the envelopes bearing postal vote certificates relating to the same Division, endorse on the outer envelope the number of such envelopes so placed therein, fasten and seal the outer envelope, address it to the Divisional Returning Officer for the Division in respect of which the electors named in the postal vote certificates are entitled to vote, and forthwith transmit it by registered post to that Divisional Returning Officer;

(d) immediately advise, by telegraph or by such other means as is directed, each Divisional Returning Officer concerned of the total number of envelopes, bearing postal vote certificates, so forwarded to him.

Ballot-box for postal votes.

45. The Returning Officer for each Division shall keep a locked and sealed ballot-box with the words “Postal Ballot-box” marked 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 all envelopes containing postal ballot-papers referred to in the last three preceding regulations which bear evidence that they were received by a Divisional Returning Officer, assistent Returning Officer, or Presiding Officer before the close of the poll.

[Electoral and Referendum Regulations, 46—50]

Division 3.—Facilities for Voting as an Absent Voter.

Where an elector may vote as an absent voter.

46. In a Senate election, or a House of Representatives election, or a referendum, an elector may, subject to these Regulations, vote as an absent voter on polling day at any polling place within the State for which he is enrolled, not being a prescribed polling place for the Subdivision for which he is enrolled, provided that a polling booth is open under the law on that day at such polling place, and provided further, and it is hereby declared, that the privilege of voting at a polling place as an absent voter is dependent upon the arrangements of the polling place, at which the elector claims to vote as an absent voter, being such as to enable the vote to be recorded, and to be recorded without interference with the rights of the electors enrolled for the Subdivision for which the polling place is prescribed.

Voter to state name and particulars.

47. The elector must state his name, his place of living, and occupation, as appearing on the Roll, and the Division for which he is enrolled, and, to the best of his knowledge, the Subdivision for which he is enrolled.

Questions to be put to voter.

48. (1) The Presiding Officer shall put to the elector the questions prescribed by sub-section (1) (a) of Section 115 of the Act, and may, and at the request of any scrutineer shall, also put all or any of the questions prescribed by sub-section (1) (b) or (c) of the said section.

(2) If the answers to the questions put the elector under the provisions of Section 115 of the Act, show that he is entitled to vote, he may be allowed to vote as an absent voter on making a declaration in accordance with Form 28.

(3) The form of declaration may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled.

(4) When any person is permitted to vote under the provisions of this regulation he shall mark and fold his ballot-paper in the manner directed on the ballot-paper and return it so folded to the Presiding Officer.

Refusal by voter to answer questions.

49. If any person claiming to vote as an absent voter refuses to answer fully any question put to him under the authority of Section 115 of the Act or his answers to any such questions so put to him show that he is not entitled to vote, his claim to vote shall be rejected.

Blind or physically incapacitated voters.

50. (1) If any voter who claims to vote as an absent voter satisfies the Presiding Officer that his sight is so impaired or that he is so physically incapacitated that he is unable to vote without assistance, the Presiding Officer shall take the following action:—

(a) fill in the form of declaration with the required particulars relating to the enrolment of the voter, as requested by such voter;

(b) read over to the voter the form of declaration;

(c) require the voter to sign the form of declaration—

(i) in his own handwriting if he is able to do so; or

(ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting;

[Electoral and Referendum Regulations, 51—54]

(d) cause the signature of the voter, if made by means of a mark to be witnessed by a scrutineer present, or, if no scrutineer be present, by the Poll Clerk;

(e) complete and attest the declaration;

(f) permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter and to mark and fold the ballot-paper or ballot-papers (as the case requires) for the voter;

(g) enclose the ballot-paper or ballot-papers in the envelope bearing the absent voter’s declaration; and

(h) securely fasten the envelope and deal with it in the manner directed in relation to other absent voters’ ballot-papers.

(2) If any voter to whom the last preceding sub-regulation applies fails to appoint a person pursuant to that sub-regulation or if any voter who claims to vote as an absent voter satisfies the Presiding Officer that he is so illiterate that he is unable to vote without assistance, the Presiding Officer shall take the action indicated in sub-paragraphs (a) to (e) inclusive of that sub-regulation and shall, in the presence of such scrutineers as are present, or if there be no scrutineers present, then—

(i) in the presence of the Poll Clerk, or

(ii) if the voter so desires, in the presence of a person appointed by the voter, instead of the Poll Clerk,

(a) mark and fold the ballot-paper or ballot-papers (as the case requires) for the voter;

(b) enclose the ballot-paper or ballot-papers in the envelope bearing the absent voter’s declaration; and

(c) securely fasten the envelope and deal with it in the manner directed in relation to other absent voters’ ballot-papers.

Division 4.—Forms of Absent Voters’ Ballot—papers.

Absent voter’s ballot-paper—Senate election.

51. The ballot-paper for a Senate Election to be used by an elector voting as an absent voter may be in accordance with Form 29, provided that the names of the Candidates, and the name of the State and the name of the Division, may be either printed or written thereon.

Absent voter’s ballot-paper—House of Representatives election.

52. The ballot-paper for a House of Representatives Election to be used by an elector voting as an absent voter may be in accordance with Form 30, provided that the names of the Candidates, and the name of the State and the name of the Division, may be either printed or written thereon.

Absent voter’s ballot-paper for referendum in respect of one proposed law.

53. The ballot-paper for a referendum in respect of one proposed law, to be used by an elector voting as an absent voter, may be in accordance with Form 31.

Absent voter’s ballot-paper for referendum in respect of two or more proposed laws.

54. Where two or more proposed laws are submitted to the electors on the same day under the provisions of the Referendum (Constitution Alteration) Act in force for the time being, the ballot-papers relating to any two or more of those proposed laws, to be used by an elector voting as an absent voter, may be included in one special form of ballot-paper, which may be in accordance with Form 32.

[Electoral and Referendum Regulations, 55—59]

Division 5.—Records in connexion with Absent Votes.

Record of absent voters.

55. The Presiding Officer shall make a record of the name of each elector who has voted at his polling booth as an absent voter at an election or referendum, together with the names of the Division and Subdivision for which the elector declares that he is enrolled as indicated on the form of declaration, and, at the close of the poll, shall forward the record, duly certified, under seal, to the Assistant Returning Officer.

Absent voters’ ballot-papers—action by Assistant Returning Officer.

56. The Assistant Returning Officer, on receipt from a Presiding Officer of a ballot-box containing absent voters’ ballot-papers enclosed in the envelopes bearing the electors’ declarations, will take the following action in respect of all such envelopes:—

(a) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;

(b) place in a separate outer envelope (or parcel) all the envelopes relating to the same Division, endorse on the outer envelope (or parcel) the number of such envelopes so placed therein, fasten and seal the outer envelope (or parcel), address it to the Divisional Returning Officer for the Division named in the electors’ declarations, and forthwith transmit it by registered post to that Divisional Returning Officer;

(c) immediately advise, by telegraph or by such other expeditious means as may be directed, each Divisional Returning Officer concerned of the total number of envelopes, bearing absent voters’ declarations, so forwarded to him.

Custody of absent voters’ ballot-papers.

57. The Divisional Returning Officer shall preserve in his custody—

(a) a book, in which he shall record from time to time the number of envelopes bearing absent voters’ declarations received by him from each Assistant Returning Officer;

(b) a locked and sealed ballot-box, marked “Absent Voters’ Ballot-box,” in which he shall forthwith place all envelopes bearing absent voters’ declarations received by him from Assistant Returning Officers.

Division 6.—Scrutiny of Absent Voters’ Ballot-papers.

Who may attend scrutiny.

58. The scrutiny of absent voters’ ballot-papers shall commence as soon as practicable after the close of the poll, and shall be conducted by the Divisional Returning Officer or an Assistant Returning Officer thereto directed by the Divisional Returning Officer in the presence of such authorized scrutineers as choose to attend and any other persons approved by the Divisional Returning Officer.

Preliminary scrutiny.

59. (1) The officer conducting the scrutiny shall—

(a) produce and open the absent voters’ ballot-box in which the envelopes containing the absent, voters’ ballot-papers have been placed;

[Electoral and Referendum Regulations, 59]

(b) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons who he is satisfied are enrolled for and are entitled to vote in respect of, the Division, accept for further scrutiny the ballot-papers contained therein, and place a mark opposite the name of each of such persons on a certified copy of the Roll to be used by him for the purposes of the scrutiny;

(c) place in another parcel the unopened envelopes bearing the declarations of those persons who he is satisfied are not enrolled for, or are not entitled to vote in respect of, the Division, or whose declarations are not duly signed and attested, fasten and seal the parcel, indorse thereon the words “absent voters’ ballot-papers rejected at the preliminary scrutiny,” and add the name of the Division, his signature, and the date:

Provided that an absent voter’s ballot-paper shall not be rejected at the preliminary scrutiny by reason only of the fact that the Presiding Officer has omitted to attest the declaration of the elector if before the declaration of the poll the officer certifies that the omission was due to inadvertence, and that the declaration was, as a matter of facts, duly signed in such officer’s presence;

(d) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the face only of each envelope bearing the address of the Divisional Returning Officer shall be visible;

(e) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with;

(f) without further examining the declaration of any voter, or permitting any other person to do so, withdraw from the envelope each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;

(g) place the envelopes in a parcel, indorsed with the words “Envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny,” fasten and seal the parcel, add the name of the Division, his signature, and the date.

(2) It shall not be necessary to await the receipt of the whole of the envelopes containing absent voters’ ballot-papers for the Division before proceeding with the further scrutiny of the ballot-papers which have been placed in the ballot-box referred to in paragraph (f) of the preceding sub-regulation, but sufficient uncounted ballot-papers shall be kept in the ballot-box to insure that all ballot-papers for an election or referendum, when counted, shall be taken from a number sufficient to prevent the identity of the voters from being disclosed.

[Electoral and Referendum Regulations, 60—61]

Further scrutiny.

60. At the further scrutiny, the Officer conducting the scrutiny shall open the ballot-box referred to in regulation 59 (1) (f), examine the absent voters’ ballot-papers contained therein, and shall—

(a) in a Senate election or in a House of Representatives election—

(i) reject all informal ballot-papers, and arrange the un-rejected 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;

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

(b) in a referendum, allow and count the ballot-papers which are formal and disallow and reject those which are informal.

Informal ballot-papers.

61. (1) An absent voter’s ballot-paper shall be informal—

(a) if in a Senate election or a House of Representatives election, or in a referendum, it is not authenticated by the initials of the proper officer, or by the 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; or

(b) if in a Senate election it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate and his consecutive preferences for so many other candidates as will, with the candidate for whom he votes as his first preference, be equal to twice the number of the candidates to be elected, plus one, or, if there are fewer candidates than that number, the total number of candidates; or

(c) if in a House of Representatives election it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate and, in the case of any election where there are more than two candidates, his contingent votes for all the remaining candidates:

Provided that in a House of Representatives election at which there are not more than two candidates, the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only; or

(d) if in a referendum it has no vote marked on it, or has more than one vote marked on it; or

(e) if in a Senate election or a House of Representatives election, or in a referendum, it has upon it any mark or writing (not lawfully authorized to be put upon it) by which in the opinion of the Officer conducting the scrutiny the voter can be identified; or

(f) if in a Senate election or a House of Representatives election, or in a referendum, it is not contained in the envelope bearing the declaration of the elector:

Provided that paragraph (e) of this sub-regulation shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of the law; but if any officer unlawfully places any mark or writing on any ballot-paper which would enable any person to identify the voter to whom it is issued, he shall be liable to a penalty not exceeding £10.

[Electoral and Referendum Regulations, 62—65]

(2) In a Senate election or a House of Representatives election an absent voter’s ballot-paper shall not be rejected as informal merely because the surname only of any candidate has been written thereon, if no other candidate has the same surname, or by reason of any mistake in spelling where there is no doubt as to the identity of the candidate.

(3) An absent voter’s ballot-paper shall not be rejected merely because of a formal defect therein through the name of a wrong State or Division appearing thereon, or the omission of the name of the State or Division, if the name of the Division for which the elector is enrolled appears in the declaration of the elector.

(4) In a Senate election or a House of Representatives election or a referendum an absent voter’s ballot-paper shall not be informal for any reason other than the reasons specified in this regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.

Objection by scrutineer to ballot-paper.

62. If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper “Admitted,” or “Rejected,” according to his decision to admit or reject the ballot-paper, and add his initials, but nothing in this regulation shall prevent the officer from rejecting a ballot-paper as being informal although it is not objected to.

Parcelling of ballot-papers.

63. The officer conducting the scrutiny shall place in separate parcels—

(a) all absent voters’ ballot-papers allowed or admitted as formal for each election;

(b) all absent voters’ ballot-papers disallowed or rejected as informal for each election;

(c) all absent voters’ ballot-papers allowed or admitted as formal or disallowed or rejected as informal in connexion with any referendum or referendums;

and shall fasten and seal each parcel, and endorse thereon particulars of the contents thereof, the name of the Division, and add his signature and the date.

Absent voters’ envelopes to be forwarded to Commonwealth Electoral Officer.

64. The Divisional Returning Officer shall forthwith forward the sealed parcels of envelopes (bearing absent voters’ declarations) from which ballot-papers have been withdrawn for further scrutiny to the Commonwealth Electoral Officer for the State, who shall preserve the parcels until the authority of the Chief Electoral Officer has been obtained for their destruction.

Opening of sealed parcels of ballot-papers.

Sec. 113, 135, and 136.

65. (1) The sealed parcels of absent voters’ ballot-papers may only be opened—

(a) in the case of a Senate election—for the purpose of determining the election in the manner provided in section 135 of the Act; or

(b) in the case of a House of Representatives election, where no candidate has received an absolute majority of first preference votes cast at the election and it is necessary to determine the election in the manner provided in Section 136 of the Act; or

(c) for the purposes of an authorized recount; or

(d) by direction of the Court of Disputed Returns.

(2) When sealed parcels of absent voters’ ballot-papers are opened in pursuance of paragraph (a) or paragraph (b) of the last preceding sub-regulation the ballot-papers shall be dealt with in the same manner as ballot-papers contained in a parcel transmitted to the Divisional Returning Officer by an Assistant Returning Officer.

[Electoral and Referendum Regulations, 66—71]

Preservation of ballot-papers.

66. The Divisional Returning Officer shall preserve the sealed parcels—

(a) of absent voters’ ballot-papers allowed or admitted at the scrutiny;

(b) of absent voters’ ballot-papers disallowed or rejected at the scrutiny;

(c) of envelopes bearing absent voters’ declarations and containing ballot-papers rejected at the preliminary scrutiny,

until the authority of the Chief Electoral Officer has been obtained for their destruction.

Opening of sealed parcels of declarations.

67. The sealed parcels of absent voters’ declarations may only be opened—

(a) by direction of the Court of Disputed Returns; or

(b) by the Commonwealth Electoral Officer for the State, subject to such directions as he may receive from the Chief Electoral Officer, for the purpose of comparing the signature of any voter thereon with the signature purporting to be that of the sumo person on the Electoral Claim Card filed in his office, or for the purpose of instituting any authorized official inquiry.

Division 7.—Scrutiny of Postal Ballot-papers.

Preliminary and further scrutiny.

68. The scrutiny of postal ballot-papers in a Senate election or a House of Representatives election or a referendum shall be conducted by the Divisional Returning Officer as provided for in Part XII. of the Act, and, in so far as it is not so provided for, shall be conducted as nearly as practicable in the same manner as is provided by these Regulations in relation to the scrutiny of absent voters’ ballot-papers:

Provided that for the purpose of the scrutiny of postal ballot-papers any reference in these Regulations, in relation to the scrutiny of absent voters’ ballot-papers, to the absent voters’ ballot-box shall be read as a reference to the postal ballot-box; any reference to a ballot-paper, or an absent voter’s ballot-paper, shall be read as a reference to a postal ballot-paper; and any reference to a declaration, or an absent voter’s declaration, shall be read as a reference to a postal vote certificate.

Postal ballot-papers, &c., how dealt with.

69. The postal ballot-papers and postal vote certificates shall be dealt with as nearly as practicable in the manner provided by regulations 63 to 67 inclusive in relation to absent voters’ ballot-papers and absent voters’ declarations.

Division 8.—Votes Recorded in Pursuance of Sections 91a, 121, and 121a of the Act.

Declarations under Section 91a, 121, or 121a of Act.

70. (1) The declaration to be made by a person claiming to vote pursuant to section 121 of the Act shall be in accordance with Form 33, and the declaration to be made by a person claiming to vote under the provisions of section 91a or section 121a shall be in accordance with Form 34.

(2) The declaration may be printed on an envelope addressed to the Divisional Returning Officer for the Division in respect of which the elector claims to vote, or may be attached by gum or other adhesive substance to such envelope.

Ballot-paper under section 91a, 121, or 121a of Act.

71. The ballot-paper to be used by a person claiming to vote pursuant to section 91a, 121, or 121a of the Act may be in accordance with the form prescribed to be used by an elector voting as an absent voter. The words ‘Absent Vote’ appearing on such ballot-paper may be struck out and the words ‘Section 91a,’ ‘Section 121’ or ‘Section 121a,’ as the case requires, substituted therefor.

[Electoral and Referendum Regulations, 72—76]

Record to be made by Presiding Officer.

72. The Presiding Officer shall make a record of the name and other particulars of each person who votes at his polling booth under the provisions of section 91a, 121, or 121a of the Act, and, at the close of the poll, shall forward the record, duly certified, under seal, to the Assistant Returning Officer.

Action by Assistant Returning Officer.

73. The Assistant Returning Officer, on receipt from a Presiding Officer of a ballot-box containing ballot-papers enclosed in envelopes bearing declarations of persons who have voted pursuant to section 91a, 121, or 121a of the Act, shall take the following action in respect of all such envelopes:—

(a) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;

(b) place in a separate outer envelope (or parcel) all the envelopes relating to the same Division, endorse on the outer envelope (or parcel) the number of such envelopes so placed therein, fasten and seal the outer envelope (or parcel), address it to the Divisional Returning Officer for the Division named in the electors’ declarations, and forthwith transmit it by registered post to that Divisional Returning Officer;

(c) immediately advise, by telegraph or by such other expeditious means as may be directed, each Divisional Returning Offices concerned of the total number of such envelopes so forwarded to him.

Scrutiny of votes cast under Section 91a, 121, or 121a of Act.

74. The provisions of regulations 57 to 67 inclusive shall apply as nearly as practicable to the receipt, scrutiny, parcelling, and preservation of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 91a, 121, or 121a of the Act:

Provided that the scrutiny shall be conducted by the Divisional Returning Officer:

Provided further that for the purpose of the scrutiny of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 91a, 121, or 121a of the Act, any reference in these Regulations to a ballot-paper, an absent voter’s ballot-paper, an absents voter’s declaration, or an absent voter’s ballot-box, shall be read as a reference to a ballot-paper, declaration, or ballot-box, as the case requires, used for the purposes of voting under section 91a, 121, or 121a of the Act, or for the receipt and scrutiny of votes cast under any of those sections.

Physically incapacitated or illiterate electors voting under Section 91a, 121 or 121a of Act.

75. In the case of a person, whose sight is so impaired or who is so physically incapacitated or illiterate that he is unable to vote without assistance, who claims to vote pursuant to section 91a, 121, or 121a of the Act, the provisions of regulation 50 of these Regulation, as the case requires, shall apply mutatis mutandis as if the person were claiming to vote as an absent voter:

Provided that in the application of that regulation any reference to the particulars relating to the enrolment of the elector shall be read as a reference to the Division and Subdivision for which the elector claims to be enrolled.

Division 9.—Scrutiny by Assistant Returning Officer.

Scrutiny by Assistant Returning Officer.

Secs. 135 and 136.

76. (1) At the scrutiny the Assistant Returning Officer shall, on receipt, from a Presiding Officer, of a ballot-box, forthwith 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

[Electoral and Referendum Regulations, 77]

ballot-box, and, subject to the action prescribed in regulations 56 and 73, 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.

(2) 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.

(3) If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a locked and sealed ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes on those ballot-papers shall be deferred.

(4) 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 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.

Division 10.—Recount of Ballot-papers.

Recount.

Secs. 137 and 138.

77. (1) Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall send to each candidate notice of the time and place fixed for the recount.

(2) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance, and of an officer of the Commonwealth Public Service, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.

(3) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any endorsements 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.

(4) After a parcel has been opened and the votes therein counted, the ballot-papers shall be replaced in their original cover, which shall be resealed, refastened, and then placed in a new cover, which shall be sealed and fastened, and an endorsement shall be made thereon of the fact and date of the recount, and shall be signed by the Divisional Returning Officer and such persons authorized to be present at the recount as choose to add their signatures.

(5) When any ballot-papers are, at a recount, reserved for the decision of the Commonwealth Electoral Officer for the State, the Divisional Returning Officer shall, in the presence of the scrutineer or scrutineers in attendance, place the ballot-papers in a properly fastened and sealed parcel bearing his signature and the signature or signatures of the scrutineer or scrutineers, together with an endorsement setting forth the number of ballot-papers contained therein, the name of the Division, and the date; and shall place the parcel in a fastened and sealed outer cover fully addressed to the Commonwealth Electoral Officer for the State, and forthwith transmit the parcel to him by registered post.

(6) On receipt of the parcel, the Commonwealth Electoral Officer shall, in the presence of an officer of the Commonwealth Public Service, and, if any candidate so desires, in the presence of a person appointed by such candidate, open the parcel and scrutinize the ballot-papers and shall mark each ballot-paper “Admitted,” or “Rejected,” according to his decision to admit or reject such ballot-paper.

[Electoral and Referendum Regulations, 78—80]

(7) When the Commonwealth Electoral Officer has given his decision on the ballot papers, he shall restore them to their original cover, refasten and reseal the cover, and endorse thereon—

(a) the number of ballot-papers contained therein;

(b) a statement that such ballot-papers have been the subject of decision by him;

(c) his signature and the date;

and shall request the persons in whose presence he scrutinized the ballot-papers to add their signatures, and shall then place the parcel in a new cover, which he shall fasten, seal and forthwith return by registered post to the Divisional Returning Officer.

(8) The Commonwealth Electoral Officer shall advise the Divisional Returning Officer, in writing, as to the number of ballot-papers admitted or rejected by him, and the Commonwealth Electoral Officer’s decision shall be accepted by the Divisional Returning Officer in completing his recount of the ballot-papers.

(9) The receipt of every parcel of ballot-papers shall be acknowledged in writing by the Commonwealth Electoral Officer and the Divisional Returning Officer respectively.

Division 11.—Enforcement of Law in Relation to Compulsory Voting.

List of electors who failed to vote.

78. (1) The list of the names and descriptions of the electors enrolled for a Division, who did not vote at an election or a referendum, which is required to be prepared by the Divisional Returning Officer for the Division, under the provisions of suit-section (2) of section 128a of the Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 37.

(2) All the Subdivision Lists for a Division shall together form the List for the Division.

Notice to elector under section 128a, sub-section (4), and reply of elector.

79. (1) The notice to be sent under the provisions of sub-section (4) of section 128a of the Act to each elector whose name appears on the list shall be posted within three months after the close of the election or referendum.

(2) The notice may be in accordance with Form 38.

(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 39.

(4) The witness shall be an elector or a person qualified to be an elector.

Action where reason considered insufficient.

80. (1) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Divisional Returning Officer, is not a valid and sufficient reason for that failure, the Divisional Returning Officer shall, after endorsing on the list prepared by him his opinion in accordance with sub-section (8) of section 128a of the Act, notify the elector, in accordance with Form 40, of his opinion, and inform him that he has the option of having the matter dealt with by the Commonwealth Electoral Officer or by a Court of Summary Jurisdiction.

[Electoral and Referendum Regulations, 81—83]

(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the, Divisional Returning Officer in accordance with Form 41, and may deposit with the Divisional Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Commonwealth Electoral Officer imposes upon him.

(3) Upon the receipt from an elector who has failed to vote—

(a) of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and to abide by the decision of that officer, and

(b) of the deposit specified in the last preceding sub-regulation,

the Divisional Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Divisional Returning Officer’s opinion thereon, to the Commonwealth Electoral Officer.

Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.

81. (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 of the documents mentioned in the last preceding regulation, consider all the facts, and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a penalty not less than Ten shillings nor more than Two pounds, and notify the Divisional Returning Officer thereof and of the time allowed for payment.

(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 82 of these Regulations.

(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty.

Section 128a, sub-section (12).

82. (1) The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12) of section 128a of the Act, may appropriate the deposit or portion thereof in payment of the penalty, shall notify the elector, in accordance with Form 42 of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.

Proceedings in a Court of Summary Jurisdiction.

83. Subject to such directions as are issued by the Commonwealth Electoral Officer, the Divisional Returning Officer shall—

(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Act by an elector, and the elector has not within the time allowed, intimated that he consents to the matter being dealt with by the Commonwealth Electoral Officer, and deposited the sum specified in sub-regulation (2) of regulation 80 of these Regulations; or

[Electoral and Referendum Regulation, 84—85]

(b) if he is satisfied that there has been, a contravention of paragraph (b) of sub-section (12) of section 128a of the Act by an elector; or

(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Act by an elector,

forthwith cause proceedings to be taken against the elector in a Court of Summary Jurisdiction.

Proceedings in Court on failure of elector to vote.

84. (1) In any proceedings which are instituted in a Court of Summary Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Divisional Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.

(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.

(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.

(4) A copy of this regulation shall be printed on the back of the form of summons.

Proceeding in Court on failure of elector to send reply to Divisional Returning Officer’s notification.

85. (1) In any proceedings in a Court of Summary Jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Act, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.

(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.

(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.

(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.

[Electoral and Referendum Regulations, 86-88]

Evidence in Court of Summary Jurisdiction

86. (1) In any prosecution in a Court of Summary Jurisdiction in respect of any contravention of sub-paragraphs (a) or (b) of subsection (12) of section 128a of the Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 43, together with a certified extract in accordance with Form 44, and it shall not then be necessary for him to attend at the hearing.

(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.

(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.