Electoral and Referendum Regulations 1918

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, by a person not under the age of 21 years and qualified for enrolment under section 39 (1) of the Act, may be in accordance with Form 2.

(2) The form of claim for enrolment, or transfer of enrolment, or notification of change of address within the same Subdivision, by a person who is or has been a Member of the Forces within the meaning of the Commonwealth Electoral (War-time) Act 1917 and who is qualified for enrolment, under Section 39 (2) of the Act may be in accordance with Form 2a.

(3) 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 or 2a, as the case requires, or in such other form, signed by the applicant, as the Registrar approves.

Registration of claim. Secs. 43 (1), 47 (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 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 particulars 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) (h).

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) (h).

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.

(2) Notice of the change shall be sent by post to each elector concerned and may be in accordance with Form 10.

Provided that when—

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

(b) 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

public 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 sub-regulation (2) of this regulation need not be given.

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

Inquiry and report by Registrar. Sec. 42.

17. The Registrar shall, subject to such directions as he receives from the Divisional Returning Officer, make such inquiries from time to time 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. Sec. 42.

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 Statutory Declaration 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. Sec. 42.

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. Sec. 42.

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 Statutory Declaration (if any) submitted by the person, make such further inquiry as he deems necessary, and, unless he decides to withdraw the case, transmit the Statutory 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. Sec. 42.

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.

Notification of imposition of penalty. Sec. 42.

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. Sec. 42.

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, 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 Statutory 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 statutory declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.

Declaration by prosecuting officer to be considered by Court.

25. In any prosecution in respect of any contravention of Section 43 of the Act relating to compulsory enrolment, the prosecuting officer may lodge with the Court a statutory declaration in support of the charge, and the Court shall, at the hearing, consider the statutory declaration (whether the prosecuting officer is present or not) as if the matter set out therein had been given in evidence before it.

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 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

(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.

Withdrawal of consent to nomination. Sec. 80.

33. The notice of withdrawal by a Candidate of his consent to nomination may be in accordance with Form 20 and shall be signed by the Candidate in the presence of the officer with whom the nomination was lodged or of a Justice of the Peace.

Part III.—Electoral and Referendum.

Division 1.—Conduct of Elections and Referendums.

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.

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 booths 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.

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 water mark in the paper thereof, consisting of a representation of a shield having therein the letters “C A” intertwined.

Indorsement 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. 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 both may be in accordance with Form 22.

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 declares that he is enrolled.

Form of postal ballot-paper—Senate election. Sec. 88.

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

Form of postal ballot-paper—House of Representatives election. Sec. 88.

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

(2) Before issuing any postal ballot-paper 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 of their surnames.

Manner of marking postal votes. Sec. 92.

44. (1) In a Senate election, an elector, voting by post, shall mark his vote on his postal ballot-paper by writing thereon, in the spaces provided for the purpose, the names of the candidates for whom he votes but shall not vote for a greater or lesser number of candidates than the number required to be elected.

(2) In a House of Representatives election, an elector, voting by post, shall mark his vote on his postal ballot-paper by placing thereon the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them.

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.

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

Where an elector may vote as an absent voter. Sec. 113.

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 Commonwealth, 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. Sec. 113.

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 which may be put to voter. Sec. 113.

48. The Presiding Officer may, if he thinks fit, and, at the request of any Scrutineer, shall, put to the elector any of the questions applicable to the case prescribed by Section 115 of the Act.

Declaration by voter. Sec. 113.

49. If the elector’s answers to the questions put to him show that he is entitled to vote as an absent voter, or if no questions are put to him, he may be allowed to vote as an absent voter on making a declaration in accordance with Form 26. The 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.

Physically incapacitated or illiterate electors.

50. If any elector 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 or illiterate that he is unable to vote without assistance, the Presiding Officer, in the presence of such scrutineers as may be present, or, if there be no scrutineers present, then—

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

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

shall take the following action:—

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

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

(c) require the elector 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;

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

(e) complete and attest the declaration;

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

(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.

Division 4 —Forms of Absent Voters’ Ballot Papers.

Absent voter’s ballot-paper— Senate election. Sec. 113.

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 27, 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. Sec. 113.

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 28 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 29.

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 30.

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 such particulars as are required relating to the enrolment of the elector 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. Sec. 113.

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:—

(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 parcel the envelopes addressed to each Divisional Returning Officer, indorse on each parcel the total number of envelopes contained therein, and add his signature and the date;

(c) place each parcel in an outer cover, fully addressed to the Divisional Returning Officer for the Division for which the electors declare that they are enrolled, fasten and seal the cover, and forthwith transmit the package by registered post to the Divisional Returning Officer;

(d) 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. Sec. 113.

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 hearing absent voters’ declarations received by him from Assistant Returning Officers.

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

Who may attend scrutiny. Sec. 113.

58. The scrutiny of absent voters’ ballot-papers shall commence as soon as practicable after the close of the poll, and shall be conducted, with the assistance of at least one Assistant 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. Sec. 113.

59. (1) The Divisional Returning Officer shall—

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

(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 his 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 his 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 fact, 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, and initial each number;

(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, initial the number, 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 for the Divisional Returning Officer to await the receipt of the whole of the envelopes containing absent voters’ ballot-papers for his 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 he shall keep sufficient uncounted ballot-papers 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.

Further scrutiny. Sec. 113.

60. At the further scrutiny, the Divisional Returning Officer 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, allow and count the ballot-papers which are formal and disallow and reject those which are informal; and

(b) in a House of Representatives election—

(i) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those in 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

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

Informal ballot-papers. Sec. 113.

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 marked on it, or has votes marked on it for a greater or lesser number of candidates than the number required to be elected; or

(c) if in a House of Representatives election it has no vote marked 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:

Provided further that for the purpose of the last preceding proviso a cross in the square opposite the name of one candidate shall be deemed to indicate the voter’s first preference for that candidate; 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 Divisional Returning Officer 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.

(2) In a Senate election an absent voter’s ballot-paper shall not be rejected as informal merely because the names of the whole of the candidates do not appear on the ballot-paper.

(3) 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.

(4) 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.

(5) 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 Divisional Returning 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 Divisional Returning Officer from rejecting a ballot-paper as being informal although it is not objected to.

Parcelling of ballot-papers. Sec. 113.

63. The Divisional Returning Officer 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 indorse 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. Secs. 113 and 136.

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

(a) 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

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

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

(2) When sealed parcels of absent voters’ ballot-papers are opened in pursuance of paragraph (a) 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.

Preservation of ballot-papers. Sec. 113.

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 same 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 shall be conducted 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 of Persons whose Names are not on Certified List of Voters or have been struck out of Certified List.

Declarations under Section 121 of Act. Sec. 121.

70. (1) The declaration to be made by a person claiming to vote pursuant to Section 121 of the Act on the ground that his name has been omitted from, or struck out of, the Certified List of Voters owing to an error of an officer or a mistake of fact shall be in accordance with Form 31.

(2) The declaration may be printed on the back of 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.

Record to be made by Presiding Officer.

71. 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 121 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.

72. 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 121 of the Act, shall take the following action:—

(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 the envelopes in a parcel addressed to his Divisional Returning Officer, indorse on the parcel the total number of envelopes contained therein, and add his signature and the date;

(c) place the parcel in an outer cover, fully addressed to his Divisional Returning Officer, fasten and seal the cover, and forthwith transmit the package by registered post to his Divisional Returning Officer;

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

Scrutiny of votes cast under Section 121 of Act. Sec. 121.

73. 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 121 of the Act:

Provided that for the purpose of the scrutiny of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 121 of the Act, any reference in these regulations to a ballot-paper, an absent voter’s ballot-paper, an absent 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 121 of the Act, or for the receipt and scrutiny of votes cast under that section.

Division 9.—Scrutiny by Assistant Returning Officer.

Scrutiny by Assistant Returning Officer. Secs. 135 and 136.

74. (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 ballot-box, and, subject to the action prescribed in Regulations 56 and 72, 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.