(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.
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.
(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.
(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.
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.
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.
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.
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.
(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.
(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.
(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.
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.
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.
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.
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.
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.
(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.
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.
(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.
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.
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.
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.
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 Div 4 - Electoral and Referendum Regulations - Miscellaneous. | Zoe