War Precautions (Military Service Referendum) Regulations 1917

STATUTORY RULES.

1917. No. 290.

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914-1916 to come into operation forthwith.

Dated this tenth day of November, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the War Precautions (Military Service Referendum) Regulations 1917.

Parts.

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

Part I.—Preliminary.

Part II.—Issue of Writ for Referendum.

Part III.—Voting by Electors of the Commonwealth.

Part IV.—Voting by members of the Forces, members of crews of Australian Transport vessels, and persons living in Territories of the Commonwealth.

Part V.—Disqualification of certain persons.

Part VI.—The Scrutiny.

Part VII.—The Return of the Writ.

Part VIII.—Miscellaneous.

Definitions.

3. In these Regulations, unless the contrary intention appears— “Authorized witness” means—

(a) in the case of the voting of a member of the Forces—

(i) any Regimental Officer serving with the Australian Expeditionary Forces;

(ii) any Medical Officer of the Australian Army Medical Service in charge or sub-charge of a Hospital;

(iii) any Naval Commissioned Officer;

(iv) any other Military Commissioned Officer and any person in the service of the Commonwealth and any Military or Medical Commissioned Officer of the Imperial Army, who is appointed an authorized witness by the Commonwealth Returning Officer;

C.15172.—Price 8d.

(b) in the case of the voting of a member of the crew of an Australian transport vessel employed in the conveyance of members of the Forces to or from Australia—the Captain and Chief Officer of the vessel; and

(c) in the case of the voting of a person living in the Northern Territory or the Territory of Papua—such persons in the service of the Commonwealth as are appointed authorized witnesses by the Commonwealth Returning Officer for the Territory;

“Commonwealth Returning Officer” means a Commonwealth Returning Officer appointed in pursuance of Regulation 4 of these Regulations;

“Deputy Returning Officer” means a person appointed by a Commonwealth Returning Officer to be a Deputy Returning Officer;

“Member of the Forces” means a person who is a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia or on a ship of war, and a person engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia, and includes a person who is a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia;

“prescribed officer” when used in relation to the compilation of an electoral list of the persons living in—

(a) the Northern Territory of Australia—means the Acting Government Secretary of the Territory;

(b) the Territory of Papua—means the Government Secretary of the Territory;

(c) the Territory for the Seat of Government—means the Commonwealth Electoral Officer for the State of New South Wales; and

(d) the Territory of Norfolk Island—means the Administrator of the Territory;

“the electors” means electors of the Commonwealth, and includes persons qualified to vote under these Regulations;

“the prescribed question” means the question set forth in Regulation 6 of these Regulations;

“the referendum” means the submission of the prescribed question to the electors.

Administration.

4.—(1) The Chief Electoral Officer for the Commonwealth shall be charged with the administration of these Regulations.

(2) The Chief Electoral Officer may appoint within or beyond the Commonwealth such Commonwealth Returning Officers as are required for the purpose of enabling persons who are or have been members of the Forces, members of the crews of Australian transport vessels employed in the conveyance of members of the Forces to or from Australia, and persons living in a territory under the authority of the Commonwealth, who are entitled to vote under these Regulations, to vote upon the prescribed question.

Part II.—Issue of Writ for Referendum.

Issue of writ for referendum.

5.—(1) The Governor-General shall issue a writ, directed to the Chief Electoral Officer, for the taking of a vote by ballot under these Regulations on the prescribed question.

(2) The writ shall be in accordance with Form B in the Schedule and shall appoint a day for the taking of the vote, and shall be returnable within ninety-five days from the date of issue:

Provided that if, at the expiration of sixty days from the date of issue, the Chief Electoral Officer certifies that he is satisfied—

(a) that not more than two per centum of the total votes polled are still awaiting scrutiny; and

(b) that the result of the referendum cannot be affected by the exclusion of the votes which are still awaiting scrutiny,

the Chief Electoral Officer may return the writ at the expiration of such period of sixty days, and may at the conclusion of the scrutiny notify in the Gazette—

(a) the total number of votes polled in favour of the prescribed question;

(b) the total number of votes polled not in favour of the prescribed question; and

(c) the total number of ballot-papers rejected as informal.

Question to be submitted to electors.

6. The prescribed question shall be—

Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

Action on issue of writ.

7. The original writ shall be forwarded to the Chief Electoral Officer, who shall as soon as practicable after the receipt thereof—

(a) forward a copy of it to each Commonwealth Electoral Officer, and cause a copy of it to be forwarded to each Divisional Returning Officer and Assistant Returning Officer; and

(b) insert in the Gazette a notification of the receipt and particulars of the writ.

Part III.—Voting by Electors of the Commonwealth.

Application of Referendum (Constitution Alteration) Act.

8.—(1) The provisions of sections four, ten to fourteen inclusive, sub-section (1) of section eighteen, sections nineteen to twenty-two inclusive, and twenty-four, and Parts VIII. (except section forty-one), and IX. of the Referendum (Constitution Alteration) Act 1906-1915 shall, so far as they are not inconsistent with the provisions of these Regulations, apply to the referendum to be held under these Regulations in like manner as they apply to a referendum upon a proposed law for the alteration of the Constitution, and shall have effect as if they were incorporated in these Regulations:

Provided that any reference to a proposed law shall be deemed to be a reference to the prescribed question:

Provided further that any contravention of the said applied provisions shall be punishable as a contravention of these Regulations.

(2) Subject to these Regulations, the Regulations under the Commonwealth Electoral Act 1902-1911, and under the Referendum (Constitution Alteration) Act 1906-1915 shall, so far as they are applicable,

apply to the Referendum held under these Regulations in like manner as if that Referendum were an election within the meaning of the Commonwealth Electoral Act 1902-1911, and a Referendum within the meaning of the Referendum (Constitution Alteration) Act 1906-1915.

Form of ordinary ballot-paper.

8a. The ballot-paper to be used for the purposes of the referendum, other than by persons voting as absent voters, shall be in accordance with Form C in the Schedule.

Declaration by absent voter.

9.—(1) Notwithstanding anything contained in Sub-regulation (4) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1915 the declaration to be made by an elector of the Commonwealth voting as an absent voter before an Electoral Registrar before polling day shall be in accordance with Form A in the Schedule.

(2) Notwithstanding anything contained in Sub-regulation (4) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1915 the declaration, which shall be printed on an envelope, to be made by an elector of the Commonwealth voting as an absent voter before a Presiding Officer on polling day shall be in accordance with Form D in the Schedule.

Absent voter’s ballot-paper.

10.—(1) Notwithstanding anything contained in Sub-regulation (9) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1915 the ballot-paper to be used by an elector voting as an absent voter before an Electoral Registrar before polling day shall be in accordance with Form E in the Schedule.

(2) Notwithstanding anything contained in Sub-regulation (13) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1915 the ballot-paper to be used by an elector voting as an absent voter before a Presiding Officer on polling day shall be in accordance with Form F in the Schedule.

Part IV.—Voting by Members of the Forces, Members of Crews of Australian Transport Vessels, and Persons Living in Territories of the Commonwealth.

Duties of Commonwealth Returning Officers.

11.—(1) Subject to the Regulations and to any directions of the Chief Electoral Officer, the respective Commonwealth Returning Officers appointed for the purpose of enabling any of the persons specified in the heading to this Part, who are eligible to vote, to vote upon the prescribed question, shall be charged with the duty of making all arrangements necessary or convenient for enabling those persons to vote upon the prescribed question.

(2) Each Commonwealth Returning Officer shall have power to appoint for the purpose of the Referendum such Deputy Returning Officers to assist him in the distribution and transmission of ballot-papers and forms of declaration, and at the scrutiny, as he thinks necessary.

Persons entitled to vote under Regulations, and in what manner.

12.—(1) Subject to these Regulations, the following persons shall be entitled to vote as electors before an authorized witness after the tenth

day of November, 1917, and not later than the twentieth day of December, 1917:—

(a) any member of the Forces, not under the age of 21 years, serving outside Australia—

(i) who is enrolled as an elector of the Commonwealth or is eligible to be so enrolled, and

(ii) who duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 13 of these Regulations; and

(b) any person living in the Northern Territory or the Territory of Papua—

(i) who, if the Territory were an Electoral Division in a State, would be qualified to have his name placed on the Electoral Roll for that Electoral Division, and

(ii) whose name is on an Electoral List compiled for the purpose by the prescribed officer or a person thereto authorized by him, and

(iii) who duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 16 of these Regulations; and

(c) any member of the crew of any Australian transport vessel employed in the conveyance of members of the Forces to or from Australia who—

(i) is not under the age of twenty-one years; and

(ii) is enrolled as an elector of the Commonwealth, or is eligible to be so enrolled; and

(iii) duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 15 of these Regulations.

(2) Subject to these Regulations, the following persons shall be entitled to vote as electors before a presiding officer on polling day:—

(a) any person, not under the age of 21 years, who is or has been a member of the Forces, and has returned from service outside Australia, and duly completes in the presence of the Presiding Officer the absent voter’s declaration prescribed by Regulation 14 of these Regulations, and

(b) any person living in the Territory for the Seat of Government or the Territory of Norfolk Island—

(i) who, if the Territory were an Electoral Division in a State, would he qualified to have his name placed on the Electoral Roll for that Electoral Division, and

(ii) whose name is on an Electoral List compiled for the purpose by the prescribed officer or a person thereto authorized by him.

(3) Notwithstanding anything contained in these Regulations a person shall not be entitled to vote under these Regulations during the period (if any) during which he is in custody serving a sentence for any offence committed by him or is interned in any place of internment.

Form of declaration by member of the Forces.

13.—(1) The form of declaration to be made by a member of the Forces serving outside Australia who claims to vote under these Regulations shall be as follows:—

FORM OF DECLARATION.—ABSENT VOTING.

AUSTRALIAN FORCES SERVING OUTSIDE AUSTRALIA.

Commonwealth of Australia.

Military Service Referendum 1917.

I declare—(1) that I am a Member of the Forces* serving outside Australia; (2) that I am of the full age of 21 years and either enrolled or eligible to be enrolled as an elector of the Commonwealth; and (3) that my name and designation are as follows:—

I further declare that I have not previously voted at the Referendum to which this declaration relates, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate, any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at this Referendum.

Personal Signature of Voter................

Declared before me at...........the.........day of........1917.

Authorized Witness.................................

Rank and Unit................................

.................................

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness by whom it must be completed and attested. (2) The authorized witness must, if he is satisfied as to the identity of the voter, then initial and hand to the voter one ballot-paper, headed “Absent Vote—Military Service Referendum 1917,” having thereon the question submitted at the Referendum. (3) The voter will then (i) in private forthwith mark his vote in the manner indicated on the ballot-paper handed to him; and (ii) fold the ballot-paper so that the vote cannot be seen, and at once return the ballot-paper so folded to the authorized witness, who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing

* “Member of the Forces” in this declaration means a person serving outside Australia—

(a) who is a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia, or on a ship of war, or

(b) who is engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia,

and includes a person who is a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.

the voter’s declaration and addressed to the Commonwealth Returning Officer at (here insert address of Commonwealth Returning Officer concerned), securely fasten the envelope, and transmit it to the Commonwealth Returning Officer in accordance with the directions issued by that Officer, so as to reach him at the address printed on the face of the envelope as early as practicable, but in any event not later than the third day of January, 1918.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations of members of the Forces under the War Precautions (Military Service Referendum) Regulations 1917:—(a) all Regimental Officers serving with the Australian Expeditionary Forces; (b) all Medical Officers of the Australian Army Medical Service in charge or sub-charge of a hospital; (c) all Naval Commissioned Officers; and (d) such other Military Commissioned Officers and such persons in the service of the Commonwealth and such Military or Medical Commissioned Officers of the Imperial Army as are appointed authorized witnesses by the Commonwealth Returning Officer.

Form of declaration by returned members of the Forces.

14. The form of declaration to be made by a member of the Forces who is not enrolled as an elector but is eligible to be so enrolled and has returned from serving outside Australia shall be as follows:—

FORM OF DECLARATION.—ABSENT VOTING.

Australian Forces Returned from Service Outside Australia.

Commonwealth of Australia.

Military Service Referendum 1917.

I declare—

(1) that I am or have been a member of the Forces* who has returned from serving outside Australia;

(2) that I am of the full age of 21 years and am eligible to be enrolled as an elector of the Commonwealth but am not so enrolled;

(3) that my name and designation are as follow:—

I further declare that I have not previously voted at the Referendum to which this declaration relates, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at this Referendum.

Personal Signature of Voter.....................

Declared before me the..................day of…………….1917, at……………..polling-place.

Presiding Officer......................

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.

* “Member of the Forces” means a person who is a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia, or on a ship of war, and a person engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia, and includes a person who is a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.

(2) The Presiding Officer shall then, if he is satisfied as to the identity of the voter, initial and hand to the voter one ballot-paper headed “Absent Vote—Military Service Referendum 1917” having thereon the question submitted at the Referendum

(3) The voter will then forthwith—

(i) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the Presiding Officer before whom he made the declaration.

(4) The Presiding Officer will see that he receives from the voter the ballot-paper duly folded, and, if necessary for the purpose of identification, again request the voter to state his name. He will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, enclose the ballot-paper received from that voter in the envelope bearing the declaration of the voter, and addressed to the Divisional Returning Officer for the Division in which the declaration is made, securely fasten the envelope, and deposit it in the ballot-box.

Form of declaration by members of crews of Australian transports.

15. The form of declaration to be made by a member of the crew of an Australian transport vessel employed in the conveyance of members of the Forces to or from Australia, who claims to vote under these Regulations, shall be as follows:—

FORM OF DECLARATION ABSENT VOTING.

AUSTRALIAN TRANSPORT SERVICE.

Commonwealth of Australia.

Military Service Referendum 1917.

I declare—

(1) That I am a member of the crew of the Australian transport vessel which is employed in the conveyance of members of the Forces to or from Australia;

(2) That I am of the full age of twenty-one years, and either enrolled or eligible to be enrolled as an elector of the Commonwealth; and

(3) That my name and rank or rating are as follows:—

I further declare that I have not previously voted at this Referendum, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter..............................

Declared before me on board the s. s. this day of 1917.

Authorized witness......................................

(Captain or Chief Officer).................................

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness.

(2) The authorized witness must, if he is satisfied as to the identity of the voter, and that he is enrolled as an elector of the Commonwealth or is eligible

to be so enrolled, then complete and attest the declaration, and initial and hand to the voter one form of ballot-paper headed “Absent Vote—Military Service Referendum 1917” having thereon the question submitted at the Referendum.

(3) The voter will then forthwith—

(i) in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the authorized witness, who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the voter’s declaration, and addressed to the Commonwealth Returning Officer at—[here insert, in the case of the envelopes supplied to the Captain of each transport vessel, the name of such one of the following places, namely, London, Perth, Adelaide, Melbourne, Hobart, Sydney, and Brisbane, as, having regard to the itinerary of the vessel, will be most readily accessible, by mail or otherwise, after the completion of the voting by the voter], securely fasten the envelope, and transmit it to the Commonwealth Returning Officer to whom it is addressed, so as to reach him, at the address printed on the face of the envelope, as early as practicable, but in any event not later than the third day of January, 1918.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations under the War Precautions (Military Service Referendum) Regulations 1917, by members of the crews of Australian transport vessels employed in the conveyance of members of the Forces to or from Australia:—The Captain and Chief Officer of each vessel.

Form of declaration by persons living in the Northern Territory or Territory of Papua.

16. The form of declaration to be made by persons living in any of the following Territories, namely:—

(a) The Northern Territory of Australia, and

(b) The Territory of Papua,

shall be as follows:—

FORM OF DECLARATION. ABSENT VOTING.

Commonwealth of Australia.

(Here insert name of Territory.)

Military Service Referendum 1917.

I declare—

(1) That I am a person of the full age of 21 years living in a Territory under the authority of the Commonwealth, who, if the Territory were an Electoral Division in a State, would be qualified to have my name-placed on the electoral roll for that Electoral Division;

(2) That I am not disqualified from voting at this Referendum; and

(3) That my name, occupation, and address are as follows:—

I further declare that I have not previously voted at this Referendum, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate

C.15172.—2

or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter................

Declared before me at the day of 191 .

…………………………………………Authorized witness.

..……………………………………………………Address.

...……Title under which witness acts as authorized witness.

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness, by whom it must be completed and attested.

(2) The authorized witness must then initial and hand to the voter one form of ballot-paper headed “Absent Vote.—Military Service Referendum 1917,” having thereon the question submitted at the Referendum.

(3) The voter will then forthwith—

(i) in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the authorised witness, who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the voter’s declaration, and addressed to the Commonwealth Returning Officer at—[here insert address of Commonwealth Returning Officer concerned], securely fasten the envelope, and transmit it to the Returning Officer in accordance with the directions issued by that officer as to reach him, at the address printed on the face of the envelope, as early as practicable, but in any event not later than the third day of January, 1918.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations under the War Precautions (Military Service Referendum) Regulations 1917, by persons living in—[here insert name of Territory]—such persons in the service of the Commonwealth as are appointed authorized witnesses by the Commonwealth Returning Officer for—[here insert name of Territory],

Form of absent voter’s ballot-paper for soldiers voting abroad, &c.

17. The form of absent voter’s ballot-paper for the use of—

(a) Members of the Forces serving outside Australia;

(b) Persons living in the Northern Territory or the Territory of Papua; and

(c) Members of the crew of any Australian transport vessel employed in the conveyance of members of the Forces to or from Australia;

who are eligible to vote under these Regulations shall be as follows:—

ABSENT VOTE.

BALLOT-PAPER.

Commonwealth of Australia.

Military Service Referendum 1917.

Directions to Voter.

The voter, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, should indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes”;

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No”;

and shall fold the ballot-paper so that the vote cannot be seen, and return it to the authorized witness, who will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, and securely fasten the envelope.

Submission of a Question to the Electors.

Question:—Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

View image in the official source YES.

View image in the official source NO.

Form of ballot-paper for returned soldiers.

18. The form of absent voter’s ballot-paper for the use of members of the Forces who have returned from service outside Australia, and who are eligible to vote under these Regulations, shall be the ordinary ballot-paper used by a person voting as an absent voter before a Presiding Officer on polling day.

Form of ballot-paper for voting in certain territories.

19. The form of ballot-paper to be used by persons living in the Territory for the Seat of Government and the Territory of Norfolk Island shall be in accordance with Form C in the Schedule. The ballot-paper may, if the Chief Electoral Officer thinks fit, be printed in a distinctive colour.

Compliance with Regulations.

20. In connexion with the polling of votes of members of the Forces, members of crews of Australian transport vessels, and persons living in Territories of the Commonwealth entitled to vote under these Regulations each person claiming to vote and each authorized witness shall severally comply with such of the directions contained in the Form of declaration prescribed by these Regulations as are required to be complied with by him.

Transmission of envelopes containing ballot-papers to Commonwealth Returning Officer.

21. Every authorized witness before whom any such member or person votes under these Regulations shall keep a record of—

(a) the number of declarations and ballot-papers received by him;

(b) the names of the persons to whom they were issued, and who voted before him; and

(c) the number of unused declarations and ballot-papers,

and shall forward to the proper Commonwealth Returning Officer, at such intervals and in such manner as the Commonwealth Returning Officer directs, but so as to reach the Commonwealth Returning Officer as early as practicable and in any event not later than the third day of January, 1918, all addressed envelopes in his possession containing ballot-papers. In addition, he shall as soon as practicable after the twentieth day of December, 1917, forward to the Commonwealth Returning Officer the unused declarations and ballot-papers and the records kept by him in pursuance of this regulation.

Part V.—Disqualification of Certain Persons.

Disqualification of certain persons.

22.—(1) Subject to these Regulations, the following persons shall be disqualified from voting at the Referendum held under these Regulations:—

(a) every naturalized British subject who was born in an enemy country within the meaning of these Regulations; and

(b) every person whose father was born in an enemy country within the meaning of these Regulations.

(2) A person shall be deemed to have been born in an enemy country, within the meaning of these Regulations, if he was born in a country which forms part of the territory of any country with which the British Empire is now at war:

Provided that a person claiming to vote who was a natural-born citizen or subject of France, Italy, or Denmark, and who arrived in Australia before the date upon which the territory in which he was born became part of Germany or Austria (as the case may be) shall not be deemed to have been born in an enemy country, if he produces to the Presiding Officer a certificate in the prescribed form, which has not been revoked.

(3) A certificate for the purposes of Sub-regulation (2) of this Regulation may be issued in the prescribed manner by the Divisional Returning Officer, or, in the case of the Divisions and Subdivisions specified in sub-regulation (2) of the next succeeding Regulation, by the Electoral Registrar of the Subdivision for which the elector is enrolled, at least three days before polling day, and may be revoked by the Divisional Returning Officer at any time before the elector records his vote, if the Divisional Returning Officer has reason to believe that the facts did not justify its issue.

(4) Nothing contained in Sub-regulation (1) of this Regulation shall be construed as preventing any of the following persons from, voting, namely—

(a) any person, being enrolled as an elector of the Commonwealth, or being eligible to be so enrolled, who is or has been a member of the Forces; and

(b) any person, being enrolled as an elector of the Commonwealth, who produces to the Presiding Officer or authorized witness a certificate signed by the District Commandant of a Military District or an officer thereto authorized by him that that person has applied for enlistment as a member of the Forces and has been rejected as medically unfit; and

(c) any person, being enrolled as an elector of the Commonwealth, who produces to the Presiding Officer or authorized witness a statutory declaration made by him that at least one-half of his sons not under the age of eighteen years, and under the age of forty-five years, are or have been members of the Forces or have applied for enlistment as members of the Forces and have been rejected as medically unfit.

Form of application to be made by person voting under Proviso to Reg. 22 (2.)

23.—(1) The form of application to be made by a naturalized British subject who was born in a country which forms part of the territory of a country with which the British Empire is now at war,

but who is entitled to vote under the proviso to Sub-regulation (2) of the last preceding Regulation shall be as follows:—

Commonwealth of Australia.

Military Service Referendum 1917.

Application for certificate of exemption from disqualification under the proviso to Sub-regulation (2) of Regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917.

To the *...........

I (here insert full Christian names and surname) of (here insert place of living), (here insert occupation), being enrolled as an elector of the Commonwealth, hereby apply for a certificate of exemption under the proviso to sub-regulation (2) of regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917, and in connexion therewith do solemnly and sincerely declare as follows:—

(1) I am a naturalized British subject and was born at............................on and arrived in Australia on

(2) I was by birth a natural-born citizen or subject of (here insert France, Italy, or Denmark, as the case may be);

(3) The territory in which I was born became part of (here insert Germany or Austria, as the case may be) after the date upon which I arrived in Australia;

(4) I was naturalized as a British subject by a certificate of naturalization granted to (here insert me or my father or my mother, as the case may be, specifying the name of the said father or mother, as the case may be) at on

And I make this solemn declaration by virtue of the provisions of the Statutory Declarations Act 1911 conscientiously believing the statements therein to be true in every particular.

Signature.....................

Declared at...........the……………..

day of........1917.

Before me—

....................................................

Title of person before whom the declaration is made. (Such person must be a Police, Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.)

*Note.—This application must be made to the Divisional Returning Officer for the Division for which the elector is enrolled, except in the case of the undermentioned Divisions or Subdivisions, as the case may be, in which case the applicant may, if he so desires, direct his application to the Electoral Registrar for the Subdivision in which he is enrolled in lieu of applying to the Divisional Returning Officer for the Division.

Divisions of Barrier, Cowper, Darling, Gwydir, Richmond, and Riverina in the State of New South Wales;

Divisions of Capricornia, Darling Downs, Herbert, Kennedy, Maranoa, Moreton, and Wide Bay, in the State of Queensland, and the Subdivision of The Islands of the Division of Oxley, in that State;

Divisions of Barker, Grey, and Wakefield, in the State of South Australia;

Divisions of Dampier, Kalgoorlie, and Swan, in the State of Western Australia.

N.B.—In the case of a woman who was born in an enemy country and who became a naturalized British subject by virtue of her marriage with a natural-born or a naturalized British subject, paragraph (4) should be amended and the facts set out. The name of the husband and the date and place of marriage and a statement whether the husband is a natural-born or naturalized British subject, and, if naturalized, the date and place of naturalization should be given.

C.15172.—3

(2) An applicant who is an elector of any of the undermentioned Divisions or Subdivision, as the case may be, may, if he so desires, direct his application to the Electoral Registrar for the Subdivision for which he is enrolled, in lieu of applying to the Divisional Returning Officer for the Division:—

Certificate by Divisional Returning Officer or Electoral Registrar under Reg. 22 (3).

24. (1) Upon receipt of a form of application in accordance with the last preceding regulation the Divisional Returning Officer or Electoral Registrar, as the case may be, may, if, after such inquiry as he thinks fit, he is satisfied that the applicant is entitled thereto, issue to him a certificate in accordance with the following form:—

Commonwealth of Australia.

Military Service Referendum 1917.

Certificate of exemption from disqualification under the proviso to sub-regulation (2) of regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917.

I............(here insert Divisional Returning Officer or Electoral Registrar, as the case may be) hereby certify that I am satisfied that……………………who is enrolled as an elector of the Subdivision of…………………… of the Division of……………………was a natural-born citizen or subject of (here insert France, Italy, or Denmark, as the case may be) and arrived in Australia before the date upon which the territory in which he was born became part of (here insert Germany or Austria, as the case may be) and that he is therefore not deemed to have been born in an enemy country within the meaning of regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917.

Dated the……………day of……………19 .

Signature…………………………………

(Divisional Returning Officer or Electoral Registrar for the Subdivision of………, as the case may be.)

(2) Upon the issue of a certificate by any Electoral Registrar in accordance with the last preceding sub-regulation, the Electoral Registrar shall forthwith inform the Divisional Returning Officer of the Division of the fact of the issue and forward to him by first post the application form upon which the certificate was issued.

(3) Where a certificate issued under this regulation is revoked, the Divisional Returning Officer shall take such steps as are in his opinion necessary or desirable to prevent the elector from voting.

(4) The Divisional Returning Officer shall retain in his custody all applications made to or received by him in pursuance of the last preceding regulation.

Additional questions which may be put to persons claiming to vote.

25.—(1) In addition to the questions prescribed by section one hundred and forty-one of the Commonwealth Electoral Act 1902-1911 the Presiding Officer may either of his own motion or at the request of a scrutineer put to any person claiming to vote at the referendum the following question:—

Are you a naturalized British subject who was born in an enemy country within the meaning of the War Precautions (Military Service Referendum) Regulations 1917?

(2) If any person to whom the question specified in the last preceding sub-regulation is put answers the question in the negative, the Presiding Officer shall put to him the following further question:—

Was your father born in an enemy country within the meaning of the War Precautions (Military Service Referendum) Regulations 1917?

(3) If any person refuses to answer either of these questions fully, or if he answers either of these questions in the affirmative, his claim to vote shall be rejected unless he satisfies the Presiding Officer that he is one of the persons specified in paragraph (a) (b) or (c) of Sub-regulation (4) of Regulation 22 of these Regulations—in which case he shall be permitted, in the absence of any other lawful ground of objection, to vote as an ordinary or absent voter, as the case may be.

(4) If any person answers both of these questions in the negative, but does not satisfy the Presiding Officer that he is one of the persons specified in paragraph (a) or (b) of Sub-regulation (4) of Regulation 22 of these Regulations, the Presiding Officer shall, before permitting him to vote, indorse the ballot-paper with the words “Regulation 25.”

(5) Any ballot-paper issued to an elector in pursuance of the last preceding sub-regulation shall, when completed by the elector, be folded by him and handed to the Presiding Officer, who without unfolding it shall in the presence of the elector place it in the prescribed envelope, fasten the envelope, and place it in the ballot-box.

(6) If the elector places the ballot-paper in the ballot-box without having it enclosed by the Presiding Officer in the prescribed envelope, the ballot-paper shall be disallowed at the scrutiny.

(7) Ballot-papers enclosed in envelopes in pursuance of Sub-regulation (5) of this Regulation shall not be opened by an Assistant Returning Officer, but shall be forwarded by the Assistant Returning Officer by registered post to the Divisional Returning Officer.

(8) The Divisional Returning Officer shall, as soon as practicable, require, by notice in writing, every elector whose ballot-paper is enclosed in an envelope in pursuance of this Regulation, to furnish to him, within a time to be fixed by the Divisional Returning Officer, information satisfactory to him that—

(a) he is not a naturalized British subject who was born in an enemy country within the meaning of the War Precautions (Military Service Referendum) Regulations 1917; and

(b) his father was not born in an enemy country within the meaning of the War Precautions (Military Service Referendum) Regulations 1917.

(9) If the elector fails to furnish to the Divisional Returning Officer, within the time so fixed, information satisfactory to the Divisional Returning Officer that—

(a) he is not a naturalized British subject who was born in an enemy country within the meaning of these Regulations, and

(b) his father was not born in an enemy country within the meaning of these Regulations,

the ballot-paper shall be rejected without the envelope being opened unless the Divisional Returning Officer is otherwise satisfied that the elector is not a naturalized British subject as aforesaid, and his father

was not born in an enemy country as aforesaid; otherwise the ballot-paper shall be admitted to further scrutiny in accordance with these Regulations.

Envelopes for ballot-papers indorsed “Regulation 25.”

26. The prescribed envelope in which the ballot-paper issued to an elector in pursuance of Sub-regulation (4) of the last preceding Regulation shall be placed—

(a) shall, in the case of a person voting as an absent voter before a Presiding Officer on polling day be the absent voter’s envelope prescribed by Sub-regulation (2) of Regulation 9 of these Regulations with the words “Regulation 25” stamped or written thereon, and

(b) shall, in the case of a person voting as an ordinary voter on polling day, be in accordance with Form G in the Schedule.

Absent voter’s ballot-paper issued to any elector in pursuance of Regulation 25.

27. The ballot-paper to be issued to an elector in pursuance of Sub-regulation (4) of Regulation 25 of these Regulations shall, in the case of a person voting as an absent voter before a Presiding Officer on polling day, be the absent voter’s ballot-paper prescribed by Sub-regulation (2) of Regulation 10 of these Regulations with the words “Regulation 25” written or stamped thereon.

Form of application for certificate under Reg. 22 (4) (b)

28.—(1) The form of application to be made by a naturalized British subject who was born in an enemy country within the meaning of these Regulations, but who, if otherwise qualified, is entitled to vote upon production to the Presiding Officer of a certificate signed by the District Commandant of a Military District, or an officer thereto authorized by him, that he has applied for enlistment as a member of the Forces, and has been rejected as medically unfit, shall be as follows:—

Commonwealth of Australia.

Military Service Referendum 1917.

Application for Certificate of Exemption from disqualification under paragraph (b) of Sub-regulation (4) of Regulation 22 of the War Precautions (Military Service Referendum) Regulations 1917.

The Commandant of the Military District.

I (here insert full Christian names and surname), of (here insert place of living), (here insert occupation), being enrolled as an elector of the Commonwealth, hereby apply for a certificate under paragraph (b) of Sub-regulation (4) of Regulation 22, and in connexion therewith do solemnly and sincerely declare as follows:—

(1) I am a British subject, and was born at...............on………………

(2) I was naturalized as a British subject by a certificate of naturalization granted to (here insert me or my father or my mother, as the case may be, specifying the name of the said father or mother, as the case may be) at on………………

(3) On or about the.........day of……………at…………………… I applied for enlistment as a member of the Forces, and was rejected as medically unfit.

And I make this solemn declaration by virtue of the provisions of the Statutory Declarations Act 1911 conscientiously believing the statements therein to be true in every particular.

Signature………………………

Declared at ..........the ……………

day of.........., 1917

Before me—

..........................

Title of person before whom the declaration is made. (Such person must be a Police, Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.)

(2) Upon the issue by the District Commandant of a Military District or an officer thereto authorized by him, of a certificate pursuant to an application made under Sub-regulation (1) of this Regulation, the Commandant or officer, as the case may be, shall forward the application for the certificate to the Commonwealth Electoral Officer for the State for retention by that officer.

Form of certificate under Reg. 22 (4) (b).

29. The form of certificate to be produced to the Presiding Officer by a person who was born in an enemy country within the meaning of these Regulations, but who claims to vote under the provisions of paragraph (b) of Sub-regulation (4) of Regulation 22 of these Regulations as being a person who has applied for enlistment as a member of the Forces and has been rejected as medically unfit, shall be in accordance with the following form:—

(To be produced to the Presiding Officer on polling day.)

I (here insert District Commandant of the..............Military District or an officer thereto authorized by the District Commandant of the Military District) hereby certify that of ………………… has applied for enlistment as a member of the Forces, and has been rejected as medically unfit.

Dated the .................day of……………, 1917.

Signature...............................

Retention of certificates and statutory declarations produced to the Presiding Officer.

30.—(1) Upon the production to a Presiding Officer on polling day of a certificate issued under Regulation 22 or Regulation 29 or a statutory declaration under Regulation 22 the Presiding Officer shall retain the certificate or statutory declaration.

(2) All certificates and statutory declarations retained by the Presiding Officer in pursuance of Sub-regulation (1) of this Regulation shall, after the close of the polling, be forwarded by the Presiding Officer to the Assistant Returning Officer for transmission to the Divisional Returning Officer by whom they shall be retained.

Part VI.—The Scrutiny.

Appointment of Scrutineers.

31. The Prime Minister, or any person authorized by him, may appoint one scrutineer at each polling booth or subdivision of a polling booth, and at each place where the scrutiny is conducted, in the Commonwealth, and the Leader of the Opposition, or any person authorized by him, may appoint one scrutineer at each such polling place, or subdivision, and place.

Form of appointment of Scrutineers.

32.—(1) The form of appointment of scrutineers by the Prime Minister or by a person authorized by him shall be in accordance with Form H in the Schedule.

(2) The form of appointment of scrutineers by the Leader of the Opposition or a person authorized by him shall be in accordance with Form I in the Schedule.

Scrutiny of votes of persons voting before authorized witnesses.

33. The scrutiny of votes polled by persons voting before authorized witnesses in pursuance of these Regulations, and received by a Commonwealth Returning Officer up to and including the third day of January, 1918, shall be conducted by the Commonwealth Returning Officer, with such assistance as he deems necessary, and in the presence

of an equal number of scrutineers appointed by the Prime Minister and the Leader of the Opposition respectively, or by persons authorized by them respectively, in accordance with the following provisions:—

(1) Upon the receipt of any envelopes containing ballot-papers the Commonwealth Returning Officer shall place the envelopes in a locked ballot-box for safe custody pending the scrutiny.

(2) He may at such intervals as he determines remove any or all of them from the ballot-box for the purpose of the preliminary scrutiny.

(3) At the preliminary scrutiny he shall proceed as follows:—

(a) he shall examine each declaration with a view to satisfying himself whether the declaration is duly made and attested, and the person making the declaration is a person who is entitled under these Regulations to vote;

(b) if he is satisfied that the person is entitled to vote he shall make a mark against the name of the person on the official list (if any), and shall withdraw from the envelope the ballot-paper contained therein, and without inspecting or unfolding the ballot-paper, or allowing any other person to do so, deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny, and shall retain the envelope in safe custody;

(c) if he is not satisfied that the person is entitled to vote he shall stamp the envelope “Rejected at preliminary scrutiny” and shall retain it unopened in safe custody.

(4) At any time after the completion of the preliminary scrutiny of any portion of the ballot-papers, he may proceed with the scrutiny of the ballot-papers reserved for further scrutiny, retaining in the ballot-box from time to time such number of ballot-papers as may be necessary to prevent the identity of the voter from being disclosed.

(5) On each occasion on which he conducts the further scrutiny of votes he shall take the following action:—

(a) he shall reject all informal ballot-papers;

(b) he shall count all formal ballot-papers, placing in one parcel those ballot-papers containing votes in favour of the prescribed question and in another parcel those containing votes not in favour of the prescribed question;

(c) he shall make separate records of—

(i) the number of ballot-papers rejected as informal;

(ii) the number of ballot-papers containing votes in favour of the prescribed question; and

(iii) the number of ballot-papers containing votes not in favour of the prescribed question;

(d) he shall fasten and seal each parcel, and indorse thereon particulars of the contents thereof, and add his signature and the date.

(6) If a scrutineer objects to a ballot-paper as informal, the Commonwealth Returning Officer shall mark the ballot-paper “Admitted” or “Rejected,” according to his decision to admit or reject the ballot-paper, but nothing in this Sub-regulation shall prevent the Commonwealth Returning Officer from rejecting a ballot-paper as being informal although it has not been objected to.

(7) Upon the conclusion of the scrutiny he shall place in separate parcels:—

(a) the unopened envelopes rejected at the preliminary scrutiny;

(b) the envelopes from which ballot-papers have been withdrawn;

(c) all the parcels containing informal ballot-papers;

(d) all the parcels containing votes in favour of the prescribed question; and

(e) all the parcels containing votes not in favour of the prescribed question;

and shall fasten and seal such parcels and indorse thereon particulars of the contents thereof, and add his signature and the date; and shall retain such parcels in safe custody until he receives from the Chief Electoral Officer for the Commonwealth directions for their destruction.

Scrutiny of votes polled in Federal Capital Territory and Norfolk Island.

34. The scrutiny of votes of persons living in the Territory for the Seat of Government and the Territory of Norfolk Island and voting under these Regulations shall be conducted by the Commonwealth Returning Officer for the Territory or his Deputy as nearly as practicable in the same manner as the scrutiny of votes polled by persons voting at a polling place as ordinary voters under the Electoral and Referendum Regulations:

Provided that, for the purposes of the scrutiny, the Commonwealth Returning Officer and his Deputy (if any) shall have all the powers of a Divisional Returning Officer and an Assistant Returning Officer under the Electoral and Referendum Regulations.

Scrutiny of votes of returned soldiers voting under these Regulations.

35. The scrutiny of votes of members of the Forces who have returned from service beyond Australia, and who vote under these Regulations as absent voters before a Presiding Officer on polling day, shall be conducted as nearly as practicable in the same manner as the scrutiny of the votes of persons voting under the Electoral and Referendum Regulations as absent voters before a Presiding Officer on polling day:

Provided that—

(a) the scrutiny shall be conducted by the Commonwealth Electoral Officer for the State instead of the Divisional Returning Officer, and for the purpose of the scrutiny the Commonwealth Electoral Officer shall have all the powers of the Divisional Returning Officer; and

(b) the Commonwealth Electoral Officer may, if he thinks fit, before allowing any vote, make such inquiry as he thinks necessary for the purpose of satisfying himself as to the right of the voter to vote under these Regulations.

What ballot-papers are informal.

36. A ballot-paper cast by a person voting before an authorized witness under these Regulations shall be informal if—

(a) it has no vote marked on it, or has more than one vote marked on it; or

(b) the cross marked by the voter is placed outside the square in such a position as to render the intention of the voter uncertain; or

(c) there is upon it any mark or writing (not lawfully authorized to be upon it) which would, in the opinion of the Commonwealth Returning Officer, enable the voter to be identified.

Effect of use of envelope provided by Electoral and Referendum Regulations.

37. Notwithstanding anything contained in the preceding Regulations, a ballot-paper cast by an elector of the Commonwealth voting as an absent voter shall not be informal by reason only of the fact that the form of declaration upon the envelope in which it is contained is not in accordance with the form of declaration prescribed by these Regulations, provided it is in accordance with the form of declaration prescribed by the Electoral and Referendum Regulations, and has printed stamped or written upon it the words “Military Service Referendum 1917”.

Part VII.—The Return of the Writ.

Notification of results to Chief Electoral Officer.

38. As soon as possible after the twentieth day of December, 1917, each Commonwealth Returning Officer shall forward by telegraph to the Chief Electoral Officer for the Commonwealth a progress return of the scrutiny showing, as regards the votes cast under these Regulations, and counted by him—

(a) the number of votes already counted which have been cast in favour of the prescribed question; and

(b) the number of votes already counted which have been cast not in favour of the prescribed question;

and shall, forthwith after the close of the scrutiny, forward by telegraph to the Chief Electoral Officer for the Commonwealth returns showing, as regards the votes cast under these Regulations, and counted by him—

(a) the total number of votes which have been cast in favour of the prescribed question;

(b) the total number of votes which have been cast not in favour of the prescribed question;

(c) the total number of envelopes containing ballot-papers rejected at the preliminary scrutiny; and

(d) the total number of ballot-papers rejected as informal at the further scrutiny.

Return of writ.

39.—(1) The Chief Electoral Officer shall, forthwith after the endorsed copies of the writ have been transmitted to him by the Commonwealth Electoral Officers for the several States, and particulars have been received by him from the Returning Officers appointed to take the votes of persons voting under Regulation 12 of these Regulations, indorse on the original writ a statement showing as regards the whole Commonwealth—

(a) the number of votes given in favour of the prescribed question;

(b) the number of votes given not in favour of the prescribed question; and

(c) the number of ballot-papers rejected as informal.

(2) The Chief Electoral Officer shall publish a copy of the statement in the Gazette, and the statement so published shall be conclusive evidence of the result of the referendum.

Part VIII.—Miscellaneous.

Compliance with Forms.

40. Strict compliance with the Forms contained in these Regulations shall not be required, and substantial compliance therewith shall suffice for the purposes of these Regulations.

Penalty for disqualified person voting.

41. Any person who, being disqualified by these Regulations from voting, votes at the referendum held under these Regulations shall be guilty of an offence.

THE SCHEDULE

Regulation 9 (1). Form A.

COMMONWEALTH OF AUSTRALIA.

STATE OF.........................................

Military Service Referendum 1917.

Absent Voter’s Declaration to be made before a Commonwealth Electoral Registrar, after the issue of the writ for the Referendum, and not later than six o’clock on the afternoon of the day immediately preceding Polling Day, by an Elector who has reason to believe that he will not, on Polling-Day, be within any Commonwealth Electoral Division.

I declare—(i) that I am the person enrolled as—

__________________________________________________________________________________

on the Electoral Roll for the…………………………………………Subdivision of the Electoral Division of……………………………..in the State of ;

(ii) that I have not voted in connexion with the Referendum to be held on the...................................day of...............................191 ;

(iii) that in pursuance of my avocation or of arrangements into which I have already entered, I will not on Polling Day be within any Commonwealth Electoral Division; and

(iv) that if I am permitted to vote in pursuance of this declaration I will not again vote at the said Referendum.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully make any false statement in this declaration, I will be prosecuted and am liable to two years’ imprisonment

Personal Signature of Elector..........

Signed before me, at my office, on the ..............day of……………………………191

................................................Electoral Registrar

for the......................................Subdivision, Division of…………………

DIRECTIONS.

(1.) This form of declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Electoral Registrar, and then be completed and attested by the Electoral Registrar.—(2.) The Electoral Registrar shall then (subject to the provisions of Regulation 22 of the Electoral and Referendum Regulations) initial and hand to the Elector one form of ballot-paper headed “Absent-Vote, Military Service Referendum 1917”, having thereon the question to be submitted to the Electors at the Referendum to which this declaration relates. —(3.) The Elector will then forthwith—(i) retire alone to an unoccupied portion of the room and there, in private, mark his vote in the manner directed on the ballot-paper handed to him; (ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the Electoral Registrar.―(4.) The Electoral Registrar will then—(a) see that he receives from the Elector the ballot-paper duly folded, and, without unfolding the ballot-paper, forthwith, in the presence of the Elector, enclose the ballot-paper received from that Elector in the envelope bearing the declaration of the Elector and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled; and (b) securely fasten the envelope, and post it.

Form B.

COMMONWEALTH OF AUSTRALIA.

Writ for a Referendum.

His Majesty the King.

To the Chief Electoral Officer for the Commonwealth, and to the Commonwealth Electoral Officers for the several States, and to all others whom it may concern:

Greeting:

We command you that you cause the following question, namely:—

Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

to be submitted, according to law, to the electors: And we appoint the following dates for the purposes of the said submission:—

1. For taking the votes of the electors the day of 19

2. For the return of the writ on or before the day of 19

Witness (here insert Governor-General’s title and the date).

Governor-General.

By His Excellency’s command.

Form C.

COMMONWEALTH OF AUSTRALIA.

Military Service Referendum 1917.

Ballot-paper.

State of.................................

Directions to Voter:—The voter should indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes.”

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No”

Submission of a question to the Electors.

Question:—Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

View image in the official sourceyes.

View image in the official sourceno.

Regulation 9 (2). Form D.

COMMONWEALTH OF AUSTRALIA.

State of.................................

Military Service Referendum 1917.

Absent Voter’s Declaration to be made before a Presiding Officer on Polling Day by an Elector Voting at a Polling Place in the Commonwealth other than Polling place prescribed for the Subdivision for which he is enrolled.

I declare that I am the person enrolled as—

on the Electoral Roll for the ................................Subdivision of the Electoral Division of in the State of……………… that I have not been and shall not be to-day within the Subdivision for which I am enrolled under conditions which would permit of my voting at any polling place prescribed for that Subdivision, and that I have not voted at this or any other polling place or before an Electoral Registrar at the Referendum being held this day, and I promise and declare that if I am permitted to vote at this polling place as an Absent Voter I will not again vote at this Referendum.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully make any false statement in this declaration, I will be prosecuted, and am liable to two years’ imprisonment.

Personal Signature of Elector...................

Signed before me the......................day of…………………………………191

at.................................................polling place.

...........................................Presiding Officer.

DIRECTIONS.

(1) This form of declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer―(2) The Presiding Officer shall then (subject to the provisions of Regulation 22 of the Electoral and Referendum Regulations) initial and hand to the Elector one form of ballot-paper headed “Absent Vote, Military Service Referendum 1917”, having thereon the question submitted to the Electors on the date upon which this declaration is made.―(3) The Elector will then forthwith―(i) retire alone to an unoccupied compartment of the polling booth, and there in private mark his vote in the manner directed on the ballot-paper handed to him; (ii) fold the ballot-paper in such a manner as to conceal his vote and at once return the ballot-paper so folded to the Presiding Officer before whom he made the declaration.―(4) The Presiding Officer will see that he receives from the Elector the ballot-paper duly folded, and will, if necessary for purposes of identification, request the Elector to again state his name. He will then, without unfolding the ballot-paper, forthwith, in the presence of the Elector, enclose the ballot-paper received from that Elector, in the envelope bearing the declaration of the Elector and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.

Absent Vote.

Regulation 10 (1). Form E.

BALLOT-PAPER.

Commonwealth of Australia.

Military Service Referendum 1917.

State of (here insert name of State).

Directions to Voter.

The voter, in the presence of the Electoral Registrar, but so that the Electoral Registrar cannot see the vote, should indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes.”

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No.”

and shall fold the ballot-paper so that the vote cannot be seen, and return it to the Electoral Registrar, who will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, and securely fasten the envelope.

Submission of a Question to the Electors.

Question:—Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

View image in the official sourceYES.

View image in the official sourceNO.

Note.—It is the duty of the Electoral Registrar, before handing this Ballot-paper to an elector, to fill in the name of the State for which the elector claims to be enrolled.

Absent Vote.

Regulation 10 (2.) Form F.

BALLOT-PAPER.

Commonwealth of Australia.

Military Service Referendum 1917.

State of (here insert name of State).

Directions to Voter.

The voter should retire alone to an unoccupied compartment of the booth, and there, in private, indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes.”

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No.”

and shall fold the ballot-paper so that the vote cannot be see and return it to the Presiding Officer before whom he made his declaration. The Presiding Officer will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, securely fasten the envelope, and deposit it in the ballot-box.

Submission of a Question to the Electors.

Question:—Are you in favour of the proposal of the Commonwealth Government for reinforcing the Australian Imperial Force oversea?

View image in the official sourceYES.

View image in the official sourceNO.

Regulation 26. Form G.

Military Service Referendum 1917.—Regulation 25.

POLLING DAY: 20th DECEMBER, 1917.

To be used only for the purpose of enclosing the Ballot-paper of a Voter whose Name appears on the Certified List of Voters used at the Polling Booth, and whose Ballot-paper is endorsed with the words “Regulation 25.”

COMMONWEALTH OF AUSTRALIA.

Division........................Subdivision...............................

Polling Place..........................

BALLOT-PAPER ENDORSED WITH THE WORDS “REGULATION 25.”

Particulars of Enrolment of Voter.

DIRECTIONS.

The Voter, after marking and folding the ballot-paper issued to him bearing the words “Regulation 25,” must return it to the Presiding Officer by whom it was issued, who will then, without unfolding the ballot-paper, forthwith, in the presence of the Voter, place the ballot-paper in this envelope, securely fasten the envelope, and deposit it in the ballot-box.

The Assistant Returning Officer opening the ballot-box must under no circumstances open any envelope containing a ballot-paper endorsed with the words “Regulation 25,” but must transmit it forthwith (with all other envelopes so endorsed found in the ballot-box), under sealed cover and by registered post, to the Divisional Returning Officer for the Division in which he (the Assistant Returning Officer) holds office.

Regulation 32 (1). Form H.

Commonwealth of Australia.

Military Service Referendum 1917.

State of Division of

To the* Officer, Polling Place.

I, the undersigned, being duly authorized thereto by the Prime Minister, hereby appoint Mr. of as Scrutineer to act at the† at the above-named Polling Place in connexion with the Military Service Referendum 1917 to be held on the of , 1917.

View image in the official sourcePersonal signature of person authorized to make appointment ...............

Date……/……/……

* Here insert “Presiding,” if the Scrutineer is appointed to act at the Polling; “Divisional Returning,” “Assistant Returning,” as the case requires, if the Scrutineer is appointed to act at the Scrutiny.

† Here insert “Polling” or “Scrutiny,” as the case requires.

Note.—Under the Act one Scrutineer may be appointed at each Polling Booth or subdivision of a Polling Booth and one Scrutineer at each place at which the scrutiny is conducted.

N.B.—Any person signing this form of appointment who is not duly authorized so to do is guilty of an offence.

UNDERTAKING TO BE MADE BY SCRUTINEER.

I, of do hereby promise and undertake that I will faithfully perform the duties of Scrutineer at the Polling Place to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any Elector, or, except by recording my vote as allowed by law, the result of the Referendum, and that I will not disclose any knowledge officially acquired by me touching the vote of any Elector, except in reply to a question which I am legally bound to answer.

Signature

Dated the day of 1917.

Witness to Signature

The Scrutineer must hand this form of appointment duly completed to the Presiding Officer at the Polling, or to the Divisional Returning Officer or Assistant Returning Officer at the Scrutiny, as the case requires.

Regulation 32 (2). Form I.

Commonwealth of Australia.

Military Service Referendum 1917.

State of Division of

To the* Officer,

Polling Place.

I, the undersigned, being duly authorized thereto by the Leader of the Opposition, hereby appoint Mr. of as Scrutineer to act at the† at the above-named Polling Place in connexion with the Military Service Referendum 1917, to be held on the day of 191 .

View image in the official sourcePersonal signature of person authorized to make appointment ................

Date……/……/……

* Here insert “Presiding,” if the Scrutineer is appointed to act at the Polling; “Divisional Returning,” “Assistant Returning,” as the case requires, if the Scrutineer is appointed to act at the Scrutiny,

†Here insert “Polling” or “Scrutiny,” as the case requires.

Note.—Under the Act one Scrutineer may be appointed at each Polling Booth or Subdivision of a Polling Booth, and one Scrutineer at each place at which the scrutiny is conducted.

N.B.—Any person signing this form of appointment who is not duly authorized so to do is guilty of an offence.

UNDERTAKING TO BE MADE BY SCRUTINEER.

I, of do hereby promise and undertake that I will faithfully perform the duties of Scrutineer at the Polling Place to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any Elector, or, except by recording my vote as allowed by law, the result of the Referendum, and that I will not disclose any knowledge officially acquired by me touching the vote of any Elector, except in reply to a question which I am legally bound to answer.

Signature

Dated the day of 1917.

Witness to Signature

The Scrutineer must hand this form of appointment duly completed to the Presiding Officer at the Polling, or to the Divisional Returning Officer or Assistant Returning Officer at the Scrutiny, as the case requires.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.