Div 4–Miscellaneous.

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.