I

II

iI:: I,

I:!I!

II

il

IIII

IIIi

II

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63

lllliet'pretatlon.

No 27.Commonwealth Electoral

PartPalt

V-Electmal RollsVI-·Qnalifieations and Disqualifications fOI

Enrolment and fm Voting ..Palt VII-Enrolment.Part VIIL-ObjectionsPart IX.-Appeals..Part X':'-Writs for EleetionsPart Xl -The NominationsPart XII-Voting by PostPart XIII-The PollingPart XIV.-The Scmtiny..Palt XY.-The Hetmll of the Writs.Palt XVI-Limitation of Electoral Expenses.Par t XVII-Eleetoml Offences ..Part XVIII-Comt of Disputed Retums ..

Dhision I-Disputed Elections and Retmns.Di,ision 2.-Qualifications and Vacancies

Palt XIX-Miscellaneons .

5 In this Act nnless the eontlalY intention appears-" Candidate" in ~a~ts II, XVI, and XVIL inclt~des any

person who wlthm threc months befole the day of electionannonnees himself as a candidate for election as a MembeIof the Senate 01 the Honse of Replesentatives :

"Controller-Gen.eral of Plisons " means the Controller-Generalor.other principal offieel of a State having control of thepusan. and gaols of the State:

" Divisioil " means an Electolal Division fOI the election of a. member of the Honse of Representathes :

" Electol " means any person whose name appears on " Rollas an elector :

"Jnstice of the Peace" means a Jnstice of the Peace of theCommonwealth, m palt of the Commonwealtb, or of aState, or palt of a State: .

" Officel" inclndes the Chief Eleetolal Officer for theCommonwealth, and any Commonwealth Electolal OfficerfOI a State, Divisional Hetmning Officer, AssistantHetuming Officer, HegistlaI, Presiding Officer, SnbstitntePlesiding Officel, Assistaut Plesiding Officer, Poll Clerk,aud DomkeepeI : .

"Hegistrar " means au Electoral HegistntI under this Actand inclndes a Divisional Hetmning OfficeI acting asHegistIal :

,,, Registrm-G{jneral" means the negistlaI~GeneI'alOr "othelPrincipal Offieer of a State who is chalged "ith the dnt)of rcgistelil1g' deaths occurring and marriages cClebrateclin the State: -

"Hetmuing Officer ',' inclndeR Divisional Returning OfficeI -andAssistant HetUIning Officer:

" Holl " means an Electoral Roll under this Act:"~ubdiYision" means a subdivision of a Division"

the Law·.·and for

AmendElections

Commonwealth Electoral

No. 27 of 1918.

COM.NIONWEALTH ELECTORAL

.PARI L-PRELHflNARY •

L This Act may be cited as the Commonwealth ElectoralAct 1918

2 The several Parts and sections of this Act,shall commencesnchdates as arc respectively fixed by proclamatIOn

3.-(1) The several Parts and sections of t1;e followi~g Acts,namely :-the Commonwealth Electoral Act 1902, the COmm01\-.wealth Electoral Act 1905, the Commonuealth Ele~tor alAct 1906,the Disputed Elections and Quabjications Act 190 I, the Common~i.wealth Electoral Act 19C9, the Commonwealth El~ctoral Act 1911,the Commonwealth Franch.se Act ]902, and the Llector al DWl8'ons,Act 1903, are repealed as from snch dates as ,tIe respectrvely fixed.by proclamation , . . .. . . . i· .•

(2) All appointments, drvrsr?ns, snbdms~ons, pollmg places,.,.electoral lolls, Iegnlations, notICes, ploceedlngs, and all othermatters and things dnly appoInted: made, commenced, OI done:under the Acts hereby repealed and 111 fOlCe, cUl'Ie~t,opelat~ve,orpending at the commencement of this Act shalI, snbJect to thIS Act,.he of the same fOlce or effect In all respects as 1f tlus Act had been ,.in force when they w"ere so appointed, made, commenced, or done,and they had been respeetively appointed, made, commenced, ordone helennder . '.

(3) Nothing in this Act shall affect the plo"81Ons ofCommonwealth Eleet<Y7al (War Time) Act 1917

4 This Att is divided into Parts as follows :-Part I -PreliminaryPalt II-Administration.Part III-Electol'U1 Divisions .Palt IV-Snbdivisions and PollIng Places

An Act to Consolidate andrelating to Parliamentaryother purposes.

[Assented to 21st November, 19181.

BE it enacted by the King's Most Excellent Majesty, the Senate, .. and the House of Representatives of the ComI!1onwealth ofAustralia, as follows :-

No" 27,

Repeal

i'a,.t~,

Commencement

Shol't title,

62

;,1

65

Keeping offorms

Divisions

DistributionCommissioners,

Prooeedlngs atmeetings,

Matters to bl)consIdered IndIstributIon ofa State.

No 2;,Commonwealth Eledond""11918

PARr IIL-:""ELEcroRAL DIViSIONS.

15 Each State shaUbe distlibnted into Electoral Divisions..",qual in number to the rmmber of Jlfenjbers of the Honse of7leplesentatives to be chosen for the State, aud one Membel of theHome of Heprescntatfves shan be chosen for each Division

'" 16-(1 ) For tire pm pose of the distribution of a State into'Divisions in accorda~ce :,ith this Ac.t the" Govelllor;Geneuilmay

",,,-ppomt three"DIstnbutlOn CommISSIOners of whom oue shall be:the Chief Electoral Officer 6r an officer' having similar qualifi­..:cations, and, if his seiviees are obtainable, one shall be the

• :StU"veyor-General of the State or anoffieClhaviug similal qualifi­·"catwns,• (2)" The (;OyelllOl-General may appoint one of the Distribution

(JommlsslOllels to beChunman." (3..) The Distribution Commissionels shall hold office dmina the

,wleasm" of the Go.ernor-GClieml b

17 At all meetings of the Distribmidn Commissioners the-Chairman, if present, shall preside,anil in his abscnce the Distribn­ftionC?mmissioneIS "plesent sball appoint one of their ntl11lber.11:0 pI esrde, and at an snch meetings two Comniissionersshall be",qnorum and shall have full power to act and in the event of an.eqnality of votes "the Chairman "or presidi~g Commissioner shall,Jha~e a casting vote in addition to his original vote"

18 For the pUlposes of this Act the Chief Eleeto]al Officer QuO'a

:shall, whcneveI necessary, asqertain a quota, fOI each State as "follows :-

The" whole number of electors in each State, as neally as .ean be"!scer tamed, shall be dlvrded by the nnmbCl of Members of theBouse of Repr csentatiYes to be" chosen for the State ..

" 19" In making any ploposed distribntioll of a State into"Jl?ivisions the Distribution C1ommissioneIs shan give dne considera­.1I;1On to-

(a) Commnnity or divelsity of interest,(b) Means of communication,(e) Physical featmes, "" "(d) lDxisting boundar ies 6f Divisions and Subdivisions(e) • ~tate Electoral boundaries; ,

",nd snbject thereto the quota" of electors shall "be the hasisfor the...dist,i!mti?n, and the Distribution Commissioners may adopt a'lUalgulof allow-anee, to be used whenever :uecessary, but in no case-ahall the qnota be departed from to a greater extent than oi,e"fifth

1:mOle or one_fimlless. .

1.4 All Divisional Retnrning Officcrsancl.Hegistmrs shall keepforms of clarm for emolment and transfer and such other fo.lms as,;areplesclibed, aad shall withont fee supply them to the" public and"",,sist the publicin their proper use,

Commonwealtlt Eleeto} al

PARI IL-ADilIINIsrRAIlON.

6 There shall bea Chief Electoral Officer for the Commoll_.wealth who shall have such powers andfuuCtions as are conferredupon him by this Act or the Regulations ,,:"

7 There shall be a Commonwealth Electoral Officer for each"State who shall subject to the directions of tHe Chief ElectOlalOfficer be the principal electoral officer in the St~te.

8 There shall be a Divisional Retmning Officer for eacliDivision, who shall be chaJged with the dilty of giving effect tothis Act within or for his Division subject to the directions of theCommonwcalth Electoral Officer for the State

9,,-(1) Assistaut Heturning Officersmaybeappointed to exercise.within or for any portion of a Division, subject to t!,e coutI?1 o~ theDivisional Hetmuin" (lfficer, all the powers of the Dnrsrouaj:Retmning Officer ex~,ept those relating to 1;'ostal .voting, but noiAssistant Retnllling Officer shall be appOIllted III or for any,,'portion of a Division for which less than one hnndred electors ar .emoiled. ,,",,"

(2..)Whele the services of an Assistant lletmnin,g Officerlequir"ed for the PIlINsC ofan electIOn only, the "ppomtme.nt mabe made by" the Chief Electol~al" Officer ,and m such case shalt.er minate upon the completion of the" electron

10 Thc Minister may appoint Electoral RcgistIarsto keep thfRolls fOI specified Snbdivisions, ,,~o shall be sublect. ~o" thedirections of the Divisional lleturmng (,)fficer The DnrsronRetumin"" Officer shall act as Hcgistrar for any Subdivision of hi,Di\ision for which no Registrar has been appointed, and may b",viI tne of his office act as Registrar for any Subdivision of h"Division dUling the absence from dnty of the llegistrar fOI th~nbdivision

il-(L) In the e,ent of any ,acarlcy occnrring in the office';Divisional lletnming Officel, ,," Assistant Hetmning Officer 0Reo"istmr 01 in the absimce from duty of any snch officer, thChief El~ctOlal Officer may appoint some person to perfOlm th"dnties of the office dnring the peliod of the vacancy orabsence ..

(2) Any snch appointment shaIl be temporary oniY, and sha!"not confer on the appollltee any Ilght or clarm to be permauent!a ppointed to the position

12 A person appointed to be a Di ,isionalOfficer, au A.sistant Heturning Officel, or a RegIstrar shalbe deemed "to have been appointed as from the date speclikin his appointment, 01, if no such date is specified, as flom the dof his appointment.

13" No candidate shall be appointed an officer, and ifofficer becomes a candidate he shall thereby vacate his office.

No.. 27 ..

A83lstantReturning4)fIloers

Appointmenttn caseso!emergency"

,<,Electoral-Registrars

:Date fromwhichappointmentsare to takeeffect

Candidates not1;.0 be oflloe~

DivisIonalReturning'OfRoers"

-CommonwoaltbElectoral..ofROO1'8 for the-States"

Chief Elootoral'Officer

II

11,

I

I,"IiI!67

SuQdivisions

Change ofelectors fromone Roll toanother

Polling places

Electoral Rolls

Subdi\'idlonItolJs, Dlvis10DRolls, and StateRulls

Form of Rolls"

Arrangementwith States

.No,2'i,(}ommonwealth ]jJleC'torat"_l918

(2) Snch proclamation may be made-(a) whenever an alteration is made in the number of Members

of the House of Representatives to be elected for theState ; ~nd

(b) whenever in one-folllth of the Divisions of the State t.he:Illmber of the electors diftels flam a quota ascertainedIn the mannel provided in this Part to a greater extentthan one-fifth mOle 01 one-fifth less; and

(e) at such other times as t.he Govell101-Genelal thinks fit

PAllI IY-SUBDIVISIONS AND POLLING PLAOES..

26 Eaeh Division shall be divided into Subdivisions and thebonndaries of each Subdivision shall be as specified by proclamation

27 -(L) The Minister may, by notiee in the Gazette-(a) appoint a chief polling place fOI each Division·(b) appoint snch other polling places for each Di;ision as he

thinks necessary;(e) declare polling places to be the polling places fOl any

speciHed Subdivision; and .(el) abolish any polling phce..

(2) No polling place shall be abolished after the issue of thewrit and befole the time appointed fOI its (etum

28 When a Division is divided into Subdivisions or the,boundalies of a Division 01 SnbdivisiOll ale altered or a ;rew Sub­division is. proclaimed,. such changes as . are th~reby rendelednecessaIy for the transfer of the names of elector~ from one Rollto anotheI Roll shall be made in the pleseribed mannel.

PARr V --ELECtORAL ROLLS

29,-(1) Thele shall be a Roll of the electors for each State.. (2.) Uutil new R?lls aI, prepalCd, the Rolls in existence at the~ommencementof thrs Act shall, as altered from time to time bethe Rolls of electors '

30 --(L) Thele shall he a Roll fOl each Division.(2 .. ) There shall be a separate Roll for each Snbdivision.,(3,.} All the Subdivision Rolls for a Division shall to~ethel fOlm

;the Holl for the Division. b

(4.) All the Division Rolls fOI a State shall togethel form theRoll for the State

, . 3 L The Rolls may be in the prescribed fOI~, and shall set out;,the su!uame, C.hristi~.n names, place of living', occupation (or othel'prescI~bed paltwulars) and sex of each elector, and may contain.snch further particulars as are plescribed..

32.-(L} The Govelllor-General may ananga with the,{}ovemoI ~f a State for the pl.epalation,altelation, and revisiOn of

Rolls, III any mannel consrstent with the plovisions of this Act,

1918,.Commonueaitl' Electoral,No" 27"

20 Befole repoltiug on the distribntion of any State ir;toDivisions the Distribution Commissionels shall canse a map wItha description of the bonndaries of each proposed Division to beexhibited at post-offices in the proposed Division, and shall invitepublic attention thereto by advertisement in the Gazette

2 L Objections 01 snggestions in writing mlJ:Y be lodged withthe DistIibutiou Commissioners not later than thllt.y days after thefilst advertisement in the Gazette of the proposed distribution, andthe Distlibution Commissiouels shall consider all o~jections and;suggestions so lodged before making their rcpOl t"

22 The Distribntion Commissioners shall fOlthwith, afler theexpiration of the thilty days aboye ;nen.tioned, fOlwald to .theMinister t.heir repor t upon the dlstIlbuh~n. of. the St.ate Illto­Divisions and the number of electors lesrdlllg III each plOposedDivision,' as neally as can be ascertained, together wit~ ~.sio"ned bv them showino. the bonndaries of each ploposed On,slOn.b., 0

23, The repOlt and map shall be. laid befor.e both HO~lsesthe PaIliament within seven days after Its receIpt If the PaIllUmentis then sitting, and, if not, then within seven days after the ne",tmeeting of the PaIliament,

P'od"nntion of 24,,-(1.} If both Honses of the Parliament pass a resolntionDb'isions approving of any proposed distribution the Gov:rnor'-Gene~'a~,may

by ploclamation declale the n:>mes and bonndalles of the DI~lsl~ms,and such Dhisions shall nntl! alteled be the Electoral D,VISIOnsfor the State· in which they are situated:

PlOvided that until the next ensning dissolntion 01 expiration). of the House of Representatives, the Iedistribntion shall.not .affect

the election of a new member to fill a vacancy happellIng III theHonse of Representatives; bnt for the pnrposes of any snchelection the Electoral Divisions as theletofore existing, and theRolls in respect of those Divisions, s all continue to haye fnllf~)lceand effeet, notwithstanding that new Rolls for the new DrvrsIOnshayc bccn plepared

(2,) If eithel House of th~ ~arli:,ment passes. a resolntion dis­approving of any proposed drstnbutIOn, or negatIves a mohon forthe approval of any Plopos~d distribution, the Minister IIl;ay ~irectthe Distribntion CommiSSIOners to propose a fresh dlstnbntIOn ofthe State into Divisions

(3) The Distribntion Commissioners shall t~erenpon Ieconsiderthe mattcr, and forthwith propose a fresh drstllbuhon, bnt for thatpurpose it shall not be necessary to cause the achon prOVIded bysection twenty of this Act to be taken,

.,.d!;<Cioul"n 25.,-(L} A Ie-distribution of any .state into Divisions shall bemade in the manneI heleinbefOle prOVIded wheneveI duected by theGo, emor-Geneml by plOclamation"

Report to belaid beforeParliament

Objections

Report ofDlstrlbutl.<>nCommisJ:lionel''!

Notice ofpropOlleddistribution

66

69

Persons entitledto enrolmentand to vote"

No. ,27 ..Commonwealth ElectO?'al,.'1918,

, (2 ) Supplemental 'Rolls, setting out additions since the Jatest:pl':nt of the R?lIs, ~hall ,beprepareel; and wherevel placticablepnnteel, rmmeelIately prevIOus to a Senate Election or a GeneralElectIOn for th~ Honse of Representatives, anel at such other times 'as

. the MllllSteI elnects,

37- (1..) Copie~ of the Jatest plint of the Division Roll and of Insp,ction.,,,11 snpplemen~:1~ pnntsshall,be open for .pubIic inspection. at the'Qffice of the DmslOn":1 Retnrmng Officer fOI the Division without'fee, anel shall be obtm.nable thereat and at such post offices in theD,VISIOn ,as the DIVIsIOnal Retmnlllg OffiCCl appoints, on payment

,or the pnceprescnbeel,• •(~), Eyer) Roll kept bya RegistJar shall be open fO! public

:mspectIOn WIthout fee at the office of the Registrm at all con­venient times eluring his OJdinalyoffice hours.

38; All offieCl s in the servie,e of the Commonwealth, all police, Om"",.nd~':,tatIstIcnl, ,and e,lectoral·Q,ffiecIs.ln ~he ,service of any State, offioels f;rO~~~I~rnJ8h[II t~le ~ClvICe of any local govellllllg boely,anel all occupiers ofhabrtatlOns shall npon application fllInish to theCbmmonwealth~lect?IaI OfficeI' for the ,State 01 to any officer acting uilelel hisdneetron, all suc~ lllfonnation as he reguires in connexionw ith the

'l'I'ep'MatlOn, mawtenance or'levision of thenolIs,

PARr VL--QGALIfICAIIONS AND DrSQUALIFlCAIIONS FORENROLMENr AND FOR VOrING,

,39 -(1) Su~ject to the elisgualification set out in this Part, allJPClsons not uneler twenty-one yeals of age,whethel male or femalemarrIed 01' unmaII led-· '

(a) who have llveel .in AnstraliafOJ six months continuously,a.nel

(b) who ale natmal-born OJ naturalized su~jects of theKing,

'"hall,be entitleel to emolment ,subject to the .plOvisions of ,Part VII,,oUlus Act

(2,.) ~n adelition to the persons specifieel in thelastprecedino',,,ub-sectI~J1, ,all persons ,who are or have been members of th~F?rces wltllln the meamng )f the Commonwealtlt Electoral ( wa,.1-"me) Act 1911 anel who- .

(a) have liveel in Australia for ,six months continuously, anel, (b) ale natmal-.porn ol·natma!Izeel sU~Jects of the King,

,,,hall be entitled t?, e~rolment, sn~ject to the plOvisions of Partof thIS Act, 1hlS PlovIslOn shall have e,ffeet onlyelming the

~.UL'UlL"lH,e of the pIesent state of war anel for aperioel of three:years theleaftel

, (3) All person~whose names are on the roll for any 'ElectoralDlVISlOlI sh~1ll, snbJect to thIS Act, be entitleel to vote at eleetions of'. of the Senate for the State of which tbe Division fOlms'part anel at elections of Memoers of the House of Hepresentatives

1918.Commonwealth Electoral.

jointly by the Commonwealth anel the State, toRolls may be useel as Electoral Rolls fol' Statefol' ConunOlmealth elections

. (2,) When any such anangement has been maJe"the Rolls may'contain, for the pm poses of such State elections-

(a) the names anel elescriptions of persons who are not entitled',to be enrolleelthel'eon as electols of the Commonwealthpro'ieleel that it is cleaIly inelicated in the plescribedmannel tb"t those pelsons me ilOt emollee! thereon asCommonwealth electols; . ;:':"

(b) elistinguishing malks agaiust the names of pel sons enrolIed,'/as Commonwealth electors, to show that those personsare OJ me not also enrolleel as State eleGtols; anel

(c) othel palticuhllS in aelelition to the presc'libeel palticulars;llnel fOI the pUlposes of this Act the names, elescriptions, maIllS, and,paltienlal s' so cont>\ineel shall not be eleemeel part oflhe RolL

33,-(L) New Rolls for any Subelivisions, Diyisions, OJ States,shall be prepareel wheneyer eliiecteel by proclamation,

(2, j 1'he Rolls shall be prepmeel unelel a· system of compulsOJY'enrolment

(3,) The ploclamation may specify the manner in which the Rolls.shall be plepareel; anel may regpiIe every pelson entitleel to enrol­ment on any new Roll to sign anel senel to the propel officer iItn:ccol'dtlllce with the regulations, n, fC)1ID of claim for enrolment.and othenvisB to comply with the legnlations relating'to compulsory.'enrolment:

Plovieled that wheI e an electolis ellIolleel for the Snbdhision ill>,,,"hich he lives, in,plU'SllRl1Ce of' a 'claim' signed hy him; he ,shan not~be reqnired to sign and send in any further claimfOl enrolment ill;:connexion with the p,epa,ation of' a new Holl

34 Upon the leceipt by the Hegistrar of a new Roll for &.,

SnbeliYision, the Registrar-'shall;':"(a) makeaelclitions, alterations, anel corrections therein; and(b) remo,e names theleflOm,

pmsnant to claims or notifications reccheel by him between the date:of theproc1aml1tion elirecting the prepalation of new Rolls anel the'elate of'the,notificlttion that the lwHs h,n'c been prepaleel, where'the aelditions, alterations 01 corrections have not; already been'maele in, or the removals have not been !naele flom, the RolLs,

35 Where ohjections have been loclgeel or notices of objecti0!ll"haye beenissueel anel action in lespect of those objections or notices<has not been completeel plioI' to the notificatioJ1 of the, preparatia!>,>­of new Rolls, the objections OJ notices shall have effect in relati0ll>'to the new Rolls a' if sneh Rolls had been in e",isteace at. the time'of the lodging of the objections or the issuing of the notices

36 .. c--(L) Rolls shall beprinteel wheneyer, the Ministe!'directs,

Prlntlngo!Rolls"

Obj0CtlOlliland.notlce~ to,'h'a'Ve' effect'ln'relation to newRolls

Additlons; &c:,W new RoDs,

:Kew Rolls,

68

i I[" I, ,, Iii!

il

Re~istrati()n ofclaIm

No 27.,Oommonwealth Eledoral;1918

(5.) The validity of any emolment shall not in any case beqnestioned on the grouud th"t the pelson enrolled has not in factlived in the tlnbdivision for a period of one month

42.-(1) Eve~y pelson who is entitled to have his name placedon the Roll for any Subdivision whether by way of emolment OrtransteI of cm olment, and. whose name is not on the Roll, shallforthwith fill in and sign, in accordance with the dilections printedthereon, a claim in the presclibed form,and send or deliver theclaim to the Registrar for the Snbdivision

(2..) Every person who is entitled to havc his name placed on theRoll fOI anySnbdivision whethel by way of emolment or transferof enrolment, and whose name is' not on the Roll npon theexpiration of twcnty-one days from the date npon which he becameso entitled, or at any snbsequentdate "hile he continnes to be soentitled, shall be guilty of an offence unless he proves that hisnon-enrolment is not in Mnseqnence of his failllle to send or dcliverto the Registrar forthe Snbdivision fOI whioh he ··is entitled to beemolled, a claim in the pre~cribed fOIm, dnly filled in and signed inaccordance with the directions printed thereon

Penalty: For a first offencc, Ten shillings; and for anysnbsequent offencc, Two pounds.. •

(3 .. ) Every pel son who chauges his place of living hom oneaddress in the Snbdivision for which he is enrolled to anothei"ddress in that Subdivision, and who, at anytime afler theexpiration of twenty-one days from the date of making the cha"ge,has failed to notify the Hegistrar fOI the Subdivision in thepresclibed fOlm of the new address, shall be gnilty of an offence

Penalty: For a first offeuce, Ten shillings; und for, e,erysubseqnent offenoe, Two pounds.

43.-(1..) Upon Ieceipt of a claim for emalmont or transfer ofemolment, thc Registral shall-

(a) note on the daimthe date of its Ieceipt by him; and(6) if the claim is in Older and he is satisfied that the claimaut

is entitled to be emoHcd, forthwith-(i) entel on the Suhdh ision Roll the name of the

claimant and the particuhirs Ielating to him;and

(ii) notify the claimant in the prcscribed form thathe has been em oiled ; and

(iii) in the case of a transfer of enrolment give noticeof the transfer to the Registrar keeping theSnbdivision Hall fro.m which the eledoI'sliamehas been trallsfened

(2) The Registrar keeping the Subdivision Roll from which an",lector's namc has been tlansfened shall, upon the receipt of noticcof thc tmnsfer in the plescribed form, remove the elector's uamefrom the Boll kept by him

1918..Commo.nwealth Elector at

• See Section 41 of tho Constitution:..,.-41 No adult person who has or acquires a rIght to vote at electio.ilS for t':w more

numerous House of the Parliament of a State shall while the rJ~ht contlnu~s be­prevented by any law of the Commonwealth from voting at elections for cltherHouse of the Parliament of the Commonwealth

PAIn Vn-ENROLMENT.

40..-(1 ) Names may be added to Rolls pursnant to claims forGlllolmcnt 01 transfer of enrolment"

(2) A claim may be in the presolib.ed: form, and shall be signedby the ohlimant with his pelsonal SIgnature, a~Id atteste~ by",prescribed person who shall SIgn Ins name as WItness 111 Ins o\\nhandwriting

41 -(1.) Any porson qualified for. el1lolment, who lives in a ..Snbdidsion, and has so lived for a penod of one month last past,shall be entitled to have his name pIaoed on the Roll for .thatSuhdivision,

(2) Anyelcotor whosc name is Ol~ ~he Roll for any S;Ibdiv!sionand who lives in any other SnbdlvlslOn, and has so IIvcd for apeliod of one month last past, shall.b~ et;titled. to ha,:e his nametlansferrcd to thc Hall for the SnbdlvlsIOn III wInch he lIves

(3) No person is cntitled to have his name placed on more'than one Roll or upon any Roll other than the Roll for the Snb­division in which he lives

(4.) Notwithstanding anything con~ained in this Act, anySenatol may, if he so desires, ha~c. I:,s name pla?ed .lIpan. andretained npon the Hall for any SnbdIVIsIOn of any D,v,sron of theStatc which he represents instead of npon the Roll for the Snb­division in which he lives, and any Member of the Honse of Re­plesentatives, may, if he so desires, h~v.e his name pla.c~d npan ,,:Iid,retained upon the Roll. tal allY SnbdlvlsIOn of the .D'~lSlo.n wh;chhe represents instead at upon thc Roll for the Snbdnlsron III whICI>he lives

No. 27.

for the Division, bnt no person shall be entitled to vot~ more thanonce at any Senate election or any Honse of Representatrves elect lOll,01 at more than one election for the Senate 01 for the Honse ofRepI esentatives held on the same day.. . .

(4.) Naper son who is of nnsonnd mind~ and no pelson at~amtcdof treason, or who has been convicted and rs nnder s?nt?noe f~r .anyoffence pnnishable nnder the law of any palt of the Kmg s domllllOnsby imprisonment for one yealor longer, shall be entitled to ha,c blOname placed on or Ietained on any loll ?I to vote at any Senateeleotion 01 Honse of RepresentatIves electron.

(6) No aboriginal native of Anstralia, Asia, Aflica, or the rslall~sof the Paoific (except New Zealand) shall be entrtled to have h,sname placed on or retained on .any roll. or to vote at a?y Sonat~.election 01 Honse of Replesentatrves electron nnless so entItled under.section talty-one of the Constitntion.. *

-_._._-----~--

Right ofell!ctorll ofStutC$

Cbims forenrolment Ortransfer (;1cnrolm0l:!t

Addltiion ofnames toRolls,

70

i,f

!

IiI

Alterations tobe Initialed"

No 27"Oommonwealth EleCtoral

(6) altering, on the wlitten applicatioriolan eleetor,theoriginal name, addless, or occnpation of the elector onthe same Snbdivisioil Roll;

(c) removing the name of any deccased elector;(d) striking ont the superfluous entry where the name of the

same elector appears mOle than once on the sameSubdivision Roll;

(e) reinstating any name removed by mistake as the name of a, deceased elector;

(I) reinstating, by direction of the Divisional Retmning Officer,any name removed as the resultol'an objection:

Plovided that the Divisional Retuming Officer shallnot direct the reinstatement of any such name unlesshc is satisfied that the objection was bo sed on a mistakeas to fact and that the person objected to. still retainsand has continuouslyletained his right to the enrol­ment in respect of which the Objection was made;

(g) reinstating .h} direction of the Divisional l'tetuming Officerany other name removed by inistake ; and

(Il) lemoving a name flom the Roll by direction of theDivisional Retuming Offider upon the certificate ofthe Commonwealth Electoral Officer:

Provided that the Commonwealth Electoral Officershall not issue such a eer tificate unless. he is satisfiedthat the elector has ceas.ed to he qnalified lor enrolmenton that Roll and has secured enrolment on another Roll :

Plo,ided lurther' that whele a Registlar removesany such name he shall send by post to the electorwhose name is so removed notice of the flwL

(2.) Where the name of an elector has, pmsuant to a claim,inconectly placed on the Roll for a Subdivision other than

SUbdivisiou in which he was Ihing at the date of the claim,the electol was entitled on that date to have his name placedthe Roll lor the Snbdivision in which he was living, the

J)l\'ision!ll Heturning Officer may, whele the two Subdivisions aresame Dh:ision- .

(a) direct the Registrar keeping the Roll on which the electoris entitled to be enrolled to place the name on that Rolland to notif} the elector oftlie change ofemolment ; and

(b) direct the Registrar keeping the Roll on which the electoris not entitled to be enrolled to remove the name fromthat Roll

No alteration pur suant to this section shall withont theautlIOr'lty of the Divisional Returning Officer be made at any time

six o'clock ill the aftemoon of the day of the issue 01 the writan election and beroi e the close of the polling at the election

Every alteration of a Roll sh~ll be made in such a mannerthe original entry shall not be obliterated, and the reason foralteration and the date thereol shall be set against the

,,~JLLelatron, togethel with the initials of the Registrar..

191KCommonwealtll Electo,al

44 -(I.) Thc Hegistrar, on receipt of a claim, shall, if l:eis not satisfied that thc claimant is 0ntitled to be cmolled rIhpursuance of the claim fOlthwith- ,

(a) reler the claim, wit~, s;rch obscrva~IOns as he thinl,s­proper, to the DrvrsIOnal HcturIllng Officer for his,decision, and' .' "

(b) send to the claimant a notification in the prcscnbed fornit. that the claim has been so relened , '

(2,) After the Di~isional Returning Officer ,has made suchzinqnir) as may be necessary ~o enable him t? decrdc the cbr~, heshall forthwith return the clarm to the. Hegrstrar, and llot1f,\ the,Reaistrar of his decision, and, if he dccIdes to r~Ject the clarm, th~re'a~on fOl sneh decision, _ .

(3,) If the Dhisional Heturning Officcr decide~ that the cla:mant:is, entitled to emolment pursuant to theclar~, the H~gIstr.ar·shall forthwith emol the claimant, and send to lum a notrficatlon:"in the presclibed fOlm that he has been so enr.olled ' "

(4) If the Dhisional Returning Officer deCIdes. that ,the clar.man~is not entitled to cnrolment pUlsuant to the clmm, tM Hegls~larshall fOlthwith send to thc claimant a notificati?~ in theplescnbe~fOlm that his claim has been rejected, specl!y the, reason 1mthe rejection"and ad,ise the claimant that he:s entitled, at, a~ytime within one calendar month alter the lecerpt of thc notifica­tion, to appeal. to a court of snmmary 'jurisdiction for an order, 'dircetina that hrs namc be addcd to the Rollo ' ,

45 Notwithstanding anything contained i,n eithel of the last!t"..o pIeccding sections- .

(a) clainls for emolment or transfer of emolme;,t whrch arerecehcd by the Registr,:, after six o'clock m tile after_noon of the day of the rssue .of the wnt for an electIOn,shall not be registered untIl after the close of the·polling at the election; a?d . " .

(b) except by dIlectlOn of the DIYlSlOnal HetullIlng Officer no­name shall be removcd flOm a Roll pursuant to a.notification of transfer of enrolment recehed by theHeaistrar aftel six 0'clock in the afteIlloon of the dayof 'the issue of the writ lor an election and before theclose of the polling at the election

46 Any officer who receives a claim for em.olment or tmns.fer01 emolment and who without jnst excuse falls to do eVel}thmg:necessary on his part to be don~J seCUle th.e eUl?lment of the, •.claimant in DUlsuance of the cIa' shalLbe gllllty 01 an offence

Fenalt} :'Ten pounds

47.--(1.) In addition to other powers of alterat!on confonedthis Act, a Hegistrat may alter auy Roll kept by hrm by­

(a) COllecting any mistake or omission in the particnlars of"the enrolment of an elector;

No', 27,;

Penalty onofficerneglootlngto enrolclah:nants,

Alteration<lfRolls

':rIme fOralterlag Rolls,

Referente ofclaims toDivisionalReturningOfficer

72

:,Iiin Ii:l .:

I i

il,

Ii iI,III!,'1'I !, I d '

,ilIIi!

Detl'rmfnntionof objection

Appeal to court.of SlImmaryjurisdiction

No. 27Commonwealth. Eled01'al

neISU'U object~d to, if that place of abode is known to theDivi,;ioloal Returmng Officer, 01, if it is not known to the Dhisional

ning Officer, theu to the place of liviug as appearing on the

Where the Divisional Returning Officer is satisfied that the!l"1<)llIIU of objection stated in any objection lodged by an officer is

a good grouud. of o~icctio~. l;e may dismiss the objection, in. case no notrce of the obJectlOu need be given to the pelson

ol\Jected toAu objection on the ground that a person does not live in

for, which he is emolled shall be deemed uot to beunless it alleges that the person objected to does not live iu

Subdidsion, aud has not so lived for at least one month last

56 The person objected to may, orally or in writing, iu the An'wo<topI'esC!llleU mannel, answer the ohjection. Objection,

57.-(L) The Divisional Retmniu o' Officer shall determine theohjection forthwith on receipt of the al~swer of the person objected

if no anSWel is ~eceived within a peliod. of twenty days .after~ostll1g of the notree, then after the explIation of tbat period,rf rt that the person objected to is not entitled to

CUlUllell o~ ~h.e Roll it! respect of which the ohjection has beeuthe DrYlSlOnal Hetmmng Officer shall direct the Hegistrar

to remove the name of such person from tl,at Roll:Provided that no name shall be removed from a Roll in pUl­

of thIS sectIOn after the Issue of the writ for an election andthe close of the poliing at the eleetion.

) If any objection lodged hy any pelsOn other than anis held by the Divisional Returning Officer to be frivolous,

objected to shall he entitled to such reasonable allow­not exceeding Five pounds, as the Divisional Heturniugthinks fit to award.

(3.) In default of payment the sum awarded may be reco,eredthe person obJected to in any civil court as a debt due by the

PARr IX..- ApPE;'Ls

58.. -(1 ) Any persoll-

(a) who has sent or delivered to a registrar a claim foremolment OJ transfer of enrolment, and who has notbeeu emolled pmsuant thereto, OJ

(b) whose na!,,~ hes heen removed flam a Roll by direction ofthe DnlSlOllal Retmning Officer pmsnant to an o~jection,

at any time within one calendar month after the receipt of theof the reJectron of the claim or of notice of the determination

11';'i~~;II~~,~~~~c:t~~:n;as the case may he, in the prescrihed manner makeC:;, . to.a comt of ~ummary jurisdictiou, constitnted hy a

Strpenclrar y, or SpeCIal Magistrate, or hytwo or more J nstices

GommonwealJh EleiJtOral..

49 The Registrar-General shall as soon as'pr acticab1e aftel thebeginning of each month or at snch other trmes as are aIIangedwith the Chief Electoral Officer-

(a) forward to each Divisional Returning pfficer in the State(either direct or throngh the Commonwealth ElectoralOfficel as may be arranged) a list of the names,addresses, occupations, ages, and sexes and dates of<death of all persons of the age of twenty-one years or"npwards whose deaths have been Iegls.te:~d dUllng !heplece~iJ~g. month in r.espect of the DrvlslOn ~Ol WhICh;.,the DrvrslOnal Retur mng Officer has been appomt:ed; .,.

(b) forward to the Commonwealth Electoral Officer pa,tICularsof all mauiages of women of the age of twenty-on,eyears or upwards which have been regrstered m the'State during the precediug month

50 The Controller-General of Prisons shall as soon aspracticable after tlle beginning of each month fOlwar d to th(.Commonwealth Electoral Officer a hst of the. names, addresses,'occupations, and sexes of all persons who dUllng the precedmg.month have been convicted in the State and ale under sentence f01"'any offence punishable by imprisonmeut for one year or longer.

51. 'I'he Commonwealth ElectOlal Officer or the Dhi.sionalRetmniu": Officer 'as the case requnes, shall, upon recerpt ofinfolmati~mputsu~nt to the last two pl~?eding sections, take action"under this Act to effect snch alteratIOns of the Rolls as alenecessary"

PARr VIIl-OBJIJCIIONS

52 Any uame on a Roll may he olJjected to hJ: ohjec:ionwriting lodged with or made btthc D~H.slOnal Returnmg Otlicer:

Provided that a sum of 1< rve shrllmgs shall he depOSItedrespect of each ohjection lodged h~' any I'ers?n ~ther thauofficer, to be forfeited to the King rf the oq]ectron rs held hyDivisional Rctmning Officer to he fInolous

53 The ohjection may be in the prescrihed for.,,!, and shall b,signed hy an elector enrolled on t~e. s.ame Subdrvrs~on Holl. as th~,person oqjected to, or by the DrvrslOnal Retmmng Officer or.Registrar, or,other presGI1bed officer

54 It is the dnty of the Divisional Retmlling Officer and 0each Registrar 01' other plesel ibed officer to ~odgc or. m~ke ~.objection in wTiting, 8etting f()Ith the gronnds ~f sneh Ob.lCctlOll"Jrespect of any namc which he has reason to beheve ought uot to bretained ou the Roll ..

55-,-;,(1.) When an objection is. ':'lade by or. lodged with>Divisional Rctmning Officer, tbe DrvlsronallletmIllnl\ Officer shaforthwith give notice of the ohjection to the. person ohJected to..

(2.) The notice may be ill the prescllbe~ form, .and mayserved hy being posted to the place of abode for the tIlne

No. 27 ..

Notice ofobjection,

Olftcer to act onreceipt ofInformation

Names on Rollmay boobjected to,

Dnty toobject,

ObjectIon

LIsts ofeonvlctlons tobe forwarded

Lists of deathsand marriagestob.forwarded

74

77

Date of polling"

Generaieleot-ion to boheld on 'sameday,

Polllng to bo ona Saturday.

Date of retutrrof writ,

,

Duty ofRoturnIngOfficoronreoolptof Writ.

Candldate3must benominated

No, 27,Oommonwealth Electoral,

PART XL-THE NOMlNAIlONS

M"mbePrer~on shall beeapuble of being elected as a Senatoro the House of llepresentatives unless duly nomin-

(~~Fo! thelmposes of this Act a WIit shall be deemed toeenh,rshsute

hat ~he hon,r of six o'clock in the afternoon of the

W Ie e WIlt was Issued,

60. WIgS for the election of Senators shall be addressed to the Add"ss 01 writ

th Io~monwealth Electoral Officers for the States ~or' lor ,,,,Hon 01

e e ectlOns ar e to be held. • " S,n.tors

RI3P1:esenllativW,,,rits for the election of Member'S of the Honse of Add>''',,'w,Etshall be a~d:~ssed to the respective Divisional ~~~:lbg:~o:rof

Sfficers fO,r the Drvrsrons for ,which the elections are to Hou", of

T~ mC:l: be lSsuedthrongh the Chief Electolal Officer, R,p,,,,n"'I,,,"tetlllnirlg Offi href Electoral Officer.may advise any Divisional.. ?er by telegram of the ISSue of the writ for a Honse

Replesentatl,:es e~ectlOn and the particnlars tbeleof, and for theof se~tIon sixty-seven of this Act'the Divisionailleturning

may ac, on snch advice as if the writ had been received b. Y

t~le~~~~ate fixed for the nomination of the candidates shall D... of

d t f than seven days nor more than twentv-one days after nomln.tI,n,

a e 0 e wut ,J

63 The date fixed, for the polling shall not be less than sevennOI more than tlmty days after the date of nomination

64 The day fixed for the polling shall be a Saturday

65" The date fixed for the return of the writ shall not benlllety da} s aftel the issne of the writ . more

sAnd,Rll;V"Ion the case of a general election for the Honse of Rep

the same day shall be fixed for the polling in ea~tand all WlltS shall be made returnable on the same day

6~dOn t~~ receipt of a writ ~he officer to whom it is directedIn ?rse ereon the date of Its receipt; and s.hall-

(a) III the, case of a --:rit for,a Senate election, advertise itsr~eerft ~nd ~artlcnlars m not Jess than two newspapersCII?U atmg m. t,h~ State, and forwald 'a copy of the

rw,nt to ,each DlvlSI,onal Returning Officer' and Assistant

, ,.etlllnlllg Officer In the State'(b) III the case of a Wl!t fOl a House ~f Representatives elec­

tIOn, advertise Its receil?t and particnlars 'in not lessiha", t,r? ~ewspapers clIcnlating in the Division, and

OOffi,waI ,a "hopy ?f,the Wllt to each Assistant lleturning

eer III t e DrVIsron,

Oommonwealth Eledoral.

... Sec section~ 12, 32 and 38 of the Constitution:-12. The Governor of any State may cause writs to be issued for elections of senatorsfm the State~,

In case of the dissolution of the Senate the \Hits shall be bstled within ten days from the proclama.o;'tion of suchdissolution,'":;:\

32. The Governol'-Genem}in Council may <;ause \Hits to be issued for general elections of meJhbcl;'S_of the House of Repl'eSenw,tives ' .':":::

After the first general election, the writ shall be issued \'ithin ten days of the expiry of a Houseof Repl'esentatives or fl'om the prodamation of a dissolution thereof, '.- .',

33, Whenever a "(l.(',ancv hap~ens in the House of Rcprescntathes, the Speaker shall issuewl'it for the election of a ne'" member, Qt' if there is no Speakcr, or if he is absent from the Common,wealth, the Govcrllor,General in Council ma,y iSSlle the writ. . ,-,'J<~;

<Jf the, Peace authorized by the Govemol"Gencral to hear ,anddetelmine electOlal appeals, fOI an ordel dilecting that his name 'be<mlolled 01 leinstated on the Roll, as the case lequiles '

(2,.) Whele an objection has been detelmined by the Dhision:il'Retmning Officel ltdvelsely to the person objecting', thltt pel son, if"not an officer, may in the presclibedmannel apply to It comt Of".smummy jmisdiction, constituted as plovidcd in the Iltst plecedingsnb-section, fOI an Older sustaining the ol,jection, ,"'.'.

(3,.) Where the application has lefel ence to the decision of the."Divisional Retnrning Officer upou an objection, the applicant shall>1S prescribed selve the objector or the pelson ol,jected to {as the case ,"may be) with notice of the application, and the person soselved i

l11UY appear, 01' may in writing authorize any person to appear 'on:his behalf, to lesist the application. '::

(4,) The comt may hear and detelmine any application under:'this section, an,l make such order as it thinks fit as to the costs of.,the application' ' .

(5,.) Any costsordeled by the court to bc paid may be lecoYCledin the same manner as the costs of any other proceeding befole the.:comt, '.

(6,,) The clelk or othel propel officer of the comt shall send bY'post to the Divisional Retmning Officel a certified copy of the orderof the comt, and it shall be the duty of the Divisional Hetullling.Officel to dilect thc llegistral to make snch entries (if any) uponthe Roll as are necessalY to give effect to,theOldel",;:

(: ,j A Police, Stipendiary, or Special Magistrate, 01 two 01 more::Jnstices of the Peace a,ntholized by the Govelllor..General to hea,,' ':and detelmine electolal appeals, thongh not sitting as a court of:summary jnrisdiction, shall for the pmposes of this section bendeemed to be, and shall have all the powers of, a comt of summ",ry::jmisdiction; and the Minister may appoint a clelk to snchMagistlate or Justices and the clerk shall, for the purposes of thi~section, have all the powels and functions of the clerk or otherproper officel of a comt of snmmalY jurisdiction,

PARI X -·vYRIrs FOR ElECTIONS.

59 -(1.) Writs' for the electiou of Senators or Members of the,Honse of Replesentatives may be in the Form A 0] Form Blespectively in the Schednle, and shall fix the dates for-~

(a) the nomination,(b) the polling, and(0) the return ofthe writ,

No, 27

Writs forvacaDclos

Wrlts for(metal erection

[ saue of writs

BMW of writs,

Qualilkations ofsenator 'Qualificatiolls ofmembers

Iform of consentto act

CommonweaZtl, J!lle~t01at Non. ,{b) the nomination ·.paper' ,'~,' ,'t d'l> i\ ' IS ttecel~eu ;after the issne of:th

(0) at ;;;~ t7::re ~~ ~t'e't~e iYOUlOf nomina:tio~; a~la . eperson nomihate~ e rvery of the nommatron pa:pel the

. 'h ' u or somepeI.son on hrs behalf d, 't

Rwrt the Commonwealth Electoral Officer 0 'D' ~p.osr sl

etmnmo' Offic th ,1 -lVISIOnaTwent l ' CI, ~s e 'case r.equnes, t,he.sum ;ofor in aYb-a~nekePr~nnhds .rn money 01 in Anstl alian notes

, S c cque, '

'74, The consent of the person no ' ,t d t ',the declaration of qualification shall~n" effi ? act. If ele~ted and,,'form df conseut and declaiationat the

S,£, Cl~nt If he S1&US !he''Paper, ,but the Commonwealth Elect I °O~of the non'lI,Mtrou,llteturnmgOfficer receivinry the uomill'a~{a ," cel 01 DrvlsIOnal'!form. of consent and d~clmationhon, may accept any othel:,\omiuation pa,pel 01 not that hed: ether, ,accompanying the'll!cceptance shall be final. ems satrsfactory, andsncll

,

75 No llomination shall be Ie'ect d b)':rdefect Ot ellor therein if the () J ,e . y reason of an:yfin1riil Emmald"""

)Jiji¥isronal ,RetUlnino' Officel' 'r' c~mn,lo~w'health E!ectolal Officer 01""t'" "th b e erVIllO t e uomInatlon i t' fi -,y! ,i8J, , e plovisions· of this At h •..· bb. . .'. ' .s sa IS. eu.. with c 8J'e eensubsrontlally complied

;';7,tl-{L) The deposit made by '. b I If . . . '~;at,~a;n -elccti011 fOl the Senate' ~~a?r'b'e la.~f a-candIdate g~fei~~'t,jnbe

.',ft~;e: e~ectionJ :and aftClthe -ele'ction' ',' ,e ;I'etallle~pending certain caseshrm or to wme per sou mtth0lized b l' ."hall, be returned to!)~I~ss he fails to obtain at the"el t 11m ru wlltmg tOleeeive it

iJ!lT)llber of votes polled bv th ec lO~more t~an on~-fifth of the'the'smallestnnmber of vote'dt s~~ceslsfr~~. ear,rdrdat,e who obtaiued

!'(,.?e.f~rfe\\ed to the, King , , e e ec rou, III wh,ch case it shan""., ,(2.) The depOSIt m',de b b 1 I", fflJection for the Honse ' f' 11 y or on , 0 la', of a oandidate at an, .the 'election, and aftel ~he e1~~~i~e:~~~lf\Sllal; be r~taiued pending

-'some !person alltborized b I" , C Ie lltneu to Itlm 01 to"v, not elected }lud the numb~1 l~~ ~~t~l,i,I Itlu17 :? ~ec~~le itunless he wa:s: p~eferencos is not moro than one fif't~ po e In IS fa,oUl as :q1stf;r;wr~f~tenee votespolle,] by the s,;eees~f~i (;~ll~d;d:~~ unmber of filst

,,:;,;., 7:t. (1.) I I 'igy;.·- ":--.; '.. n 0 cctrous fOl the S n t th- "j.' , ,':1;:,;hall ;be stated in tlie writ e ace pace 01. nommation ii~~' of nomin...

i':C' (2) In eleotrons fOf the Ho f R· '~i:polling place for the Divisio ~~1l °b eplesentatrves .th~ chief'l'i:tlrerem . usa e the place of nomruatiou

If(he~~y ;;'~o~i~ati~nnomination shall be twelve o'clock noon on Ho",olnomlnatlon

)1;;79 ~(I.) In the case of" S t, I " . 'ec:torai OffiN~l f th' '8 ( ena ~ ?' BettOn, the Oommonwealth Declaration ofhall at the h ~r e, ta,te fOI WhICh the election is 'beirrgbeld nomioation,, ' our 0 nommatrou, attend at the place of nomination

6 z '

the persou nominated cousents to act if elected', a'declares that he is qualified undel the Coustitution.:be e~ectod as a Senator or a Member of the House.;Hepresentatives, as the case may' be ; ,":

(a)

• Section 16, the qualifications ofa scnfl,tol shall be the Hflmc a..~·those of a member of theof Repre8entatives"SCction 3~. Until the.Pal'1iamcntother"ise pro\ides, the qualifications of a membe.l" ofth~of Representatives shall be a..'!follows:-

(i) He lllu8t;be; of the__ fuJl ago:of twenty-on,e yeal'S, and must be an elector entiUoo. to. vthe election of members of the House of Representathes, 01' a person qualified tos\lch oleetm:, and: must have been fOl' thl'eeyears at least a resident within the,limit.'!Commonwealth as existillg·at thetimo when he is,ehosen:

(ij,) lie. must be a subject of the Q.uecn, either natural.,born Ql' fot at.leMl,t five years nat·urunder aJaw of the United I{ingdom, or of a Colony which has become 01' becomes asor'of tbe QomJJ;lCIl'Jwealth, or of aState,' ,~,

Rectjon,43. A membcr oieither House of theParliamellt shall be: incapable of bcing chosen 0

sitting as a,member of the otbel' HouseSect.ion 44, Any pel'son who~ ", ';,'

(i ) Is under any acknowledgment of' :tl1egi:tnce obedicnce, 01' :tdherence to a foreign powis a,subj,ect, oracitizcn or entitled to the t:ight\,> Ol' pliviIcges of a,subject or a,citjr,enfor,ei~n power; or(ii.) Is attamfud,of treason, Ol'c has beencoJ)victed and is, lIndel' ,scnt(mcc, ,or, subjcet, to betenced, fol' any offence punishable under the law of the Commonwealth or of aimprisonment fol" one year 01' longer :' or

(iii) Isan undischarg~1,):tnl>:rup,t or insolvent: or(iv.) Holds an} office of profit under the Crown, or any pension ~ayablc during the pic

the Crown out of any of the revenues o,f thc Commonwealth: or '(v ) Has any direct 01' indirect pe0uniary interest' in :tny agrcement with the. Public Se

thc Commonwealth otherwisc than as a member and in common with the othel'of an incorpol'ated,compll,nY cQllsistingof,Xllore than twenty"f1ve persons:

shall be incapable of bcing chosen-Ol'ofisittj))gasa scnator.or-u.member of tile HO\lSe of Retivcs,:!3ubub-section (iv..) d,oCf' not:appl~'to the office of, an~' of the. Qucen 8 Minis,torr; of StaCommonwealth,or of any of the Queen's Ministers for a State, or to. the n~ceipt of' pay, half.~pension,bY :tny pCI'Mn as an olfi.GeI' 'oNuerobe» otthe_,Quco.n'S>Il(l,}Iy OJ' army" ol'totl-,e;recejpban officer or member of the naval or military forces of the Commonwe:tJthb~'any person whoseare not Wholly employed by the Commonwealth

69, To entitle a pel so", to be,' nominated as a Senator 0';~i[embe'"' of the House of Representatives he must be qualifieuuder the Constitutiou* to be ele.eted as a Se.naj.or or a Member.~Othe Honse of Represeutatives .'

70 .N 0 ];>erson who. is. at the date of nomiuation, 0! who )vas,';~ny time within fourteen dn)", plior to the date of. uominatio,l\"Member of the Parliament of a State, shall be capable of beillnominated as a SenatoI, 01 as a Member of the House of Rep!sentaHves,

71 A nomiuation may be iu Form C or Form D inSched.ule applicable to the. case al\d sball­

(a) name the candidate, his place of resideuce and oCcnpati9and

(b) be signed by uot less thall six pel sons entitled. to. vote.the electiou fiJI which the candidate is nominated

72--(L) Nominations of Ser.ators rna) be made to 't~Commonwealth EleCtoral Ofncel for the State fOl which the electi'is to he held, and noniir\atiolls of Membels of the House of Repsentatives may be made to the Divisional Heturning Officet fOI,(Division. for which the election is to be held,

(2.) Nominations ma.y he made at "uy time aftel thethe writ and hefore tbe hour ofnomination.

73 No nomination shall be valid unless-

.No 2;

Member of oneHouse ineligiblefor other,

Disqml.lifkation

R"q\li~it,eJ>fOJ;

nomination

Io whomnominatjon~,

mMl"

MOde ofnomination

Staw Merobcrflnot, entitled t.obe nominated

Qualification fornomination,

78

i'"

,,

: I IIII,II

81

Applloatlon'!for jit postal votecertltlcato aodpostal ' ~ballot-paper J

No,27Commonwealth Eieclol ai,

PART xn,-VOTING BY POST"85,,-( I ) An elector who""':

(a) will ,:,ot thronghout the hams of polling on polling day bewrthm ten Illlies bJ: tbe nearest pIacticable route of anyp~llmg bo~th open m the Commonwealth for the purposes

, of an electIOn; Or ,(b) WIll throu,ghout the hams of polling au polliua day be

tlavellIng ,:,nder conditio,:,s which will prec1ude him, fr?m att~udml? at any pollIng booth to vote; or

(e) IS senousl,r III ~I mfirm, and by reason of such illness or'mfilmlty WIll be precluded from attendino' at anyp~llIng booth to vote, or, in the case of ~ womanwrll ~Y approaching, maternity he precluded fro~attendmg at any pollmg booth to vote,

make application fOI a postal vote certificate and postal ballot-

The application must contain a declaration by the electorout the grounds upon which he applies fOI the postal vote

certiticaj;e and postal Lallot-paper, and may be in the prescribedand must be sIgned by the elector in his Own handwtitino' in

, of an autho:iz~d witness, and must be made and i;,nt,Iss,:e of the WIlt for the electIOn and before the polling day

the electron, to the Divisional Retnrning Officer f<n the DivisionwhICh th~ elector IS eurolled or to some other Divisional Retum­Officer, If the ele~tor has reasou to, believe that the, applicatiou

not, 111 the ordmar y course of post, reach the DivisionalRetmnir,'" Officer (or the Division for which he is enrolled so as to

to lecelve a, post,,1 vote certificate and postal ballot-paperofficer m tIme to permIt of the elector voting at the

An elector shall not make, and a pelson shalluot induce an!'lake, any false statemeut in an application for a postal

eerhficate and postal ballot-paper, or in the declarationco]ataimld III sneb applIcatIOn"

Penalty: Fifty pounds, or imprisonment for one month

1Iers806]18-(L) Subj~ct to s,ub-sectio~ (2) of this sec,tion the following Autho';,,,,,

are authoIlzed wItnesses wlthm the mcamng of this Act:- witn""""

(a) all Comm~nwealt~ Divisional Retmning Officers, AssistantR~tl1l'mng Officers, and Officers of the Pnblic Serviceof the, Commonwealth permanently employed in theoffice ?f a,ny Commonwealth Electoral' Officer of a Stateor DrvlslOnal, Retnrning Officer; all CommonwealthElectoral Regl.stlaI.s; all Postmasters or Postmistressesor p~stal ?fficlals III charge of post .offices; all Policeor Stlpendialy or Special Magistrates of the Common-wealth or of a ~tate; all ,Tustices of the Peace; ~anHead Teacher s III the employment of a State EdncationDepartment; all Officers of the Department of Tradeand Customs; all members of the Police Force of the

Commonwealth Electoral

8L In the case of the death of any candidate before the date'election the deposit lodged by him shall be returned to his persqrepresentatives, '

82.-(L) In the case of a Senate election, if the nun:r~er('candidates nominated is not greater than the number of candIdarequired to be elected, the Commonwealth Electoral Officer sh:declale the candidates nominated duly elected, '.'

(2,) In the case of a House of Replesentatives election, if'candidate only is nominated, the Divisional Returning Officer sdeclare that candidate duly elected"

(3.,) If in any election the number of caudidates nominated),greater than the number required to be elected, tbe proceedi~shall, subject to the provisions of this Act, and the regu1atiorelating to voting before polling day, stand adjonrne,d to poll\,day

.. 83 If after the nomiuations have been declared and bepolling day any candidate dies and the candidates remaiuingnot greater in number than the candidates required to be electhey shall forthwith be dedared to be elected and thereturned,

84,-(L) Whenever an election wholly or partiallywlit shall forthwith be issned for a supplementary election ..

(2) An election shall b~ deemed to have wholly failed'i(candidate is nominated or leturned as elected,

(3.. ) An election shall be deemed to have partiallywhenever one or male candidates is returned as elected, butfull number lequired to be elected

and shall there publicly produce all nomination papers receivby him, and decl~re the names aud residences of all candidanominated .

(2.) In the case of a House of Representatives clection,thDivisional Returniug Officer for the Division for which the electiois being held shall, at the hour of nomination, attend at the place'nomination for the Division, and shall there publicly produce anomination papers received by him, and declare the names allresidences of all candidates nominated: 0':

80 A candidate may' withdIaw his consent to his nominati~iIat any time before the hour of nomination by lodging with th~Commonwealth Electoral Officer for the State in the case of/'"Senate election, or with the Divisional Retmning Officer for. rDivision in the case of a House of Representatives election,.notice of withdlawal in the plescribed form, and thereupontnomination shall be cancelled, and the deposit lodged shallreturned.

Proceedings onnomination da,)'

Death ofcandidate afternomination,

Failure ofelection

Rctum afde>posit in case ofcandidate'sdeath

Withdrawal ofconsent tonomination

80

No..2';:

NumbBrlng ofapplications andcertifIcates

83

Inspection ofapplications

Rdnmlngoffic€r to notUyissue of postalvote certiflcatc8and postalba.llot.pa~crs

No 27Commonwealth Electoral1918

(2) The postal vote certincate, and postal ballot-papers for aSenate election and for a House of Representatives electionrespectively, may be in the prescribed form

89-(1,,) All applications fOI postal vote certificates and'p~stal ballot-papers received by a Di,isional Returning Officershall, if they rclate to the Division for which he is Divisional:Hetur ning Officer, be kept by him, or if they relate to anotherDivision, shall, afteI being indorsed by him with the date of theissne of the postal vote certificate and postal ballot-papel', forth­with be sent by him to the Divisional Heturning Officer for '£hatDivision

(2.) All applications for postal vote certificates and postalballot-papers shall be open to public inspection at all convenienttimes during office hours, until the election can be no longerquestioned '

90.,~(1 ,) The Divisional Heturning Officer shall number allapplications fa!' postal vote certificates and postal ballot-papersreceived by him in consecutive order and shall nnmber each postalvote certificate with a number cOHesponding with the number onthe application

(2) 1'he Divisional Returning Officer shall initial on the backall postal ballot-papers issned" The initials should be placed insuch a position as to be easily seen when the baIlot.-paper is foldedso as to conceal the vote ..

9L-(I) The Returning Oftlcer for the Division in Icspect ofpostal vote celtificates and postal ballot-papers have beenshall, if there is time conveniently to do so, uote on the

CeJ:ClilCU lists of voters the names of all electors to whom postalcertificates and postal ballot.-papels have been issned.

If there is not time couveniently to note on the proper,o,p,rti1, PO list oCvoter s the issue of a postal vote ceI tificate and postal

the Divisional Retmning Officer shall immediatelypresiding officer to whom the cer tified list of voters has

fnrnished of the issue of the postal vote certificate and postal

Au elector to whom a postal vote certificate has been issuedy",:;:~.::.:not be entitled to vote at any polling booth unless he first

to the presiding officel for cancellation his postal votecertincal:e and postal ballot-papeL .

92., The followiug directions for regulating voting by means of Di",t1on, 10'

ballot-papeJs are to be slibstantiallJ' observed :_ PO"" vo'log •". Cf. No" 26, HlO ... ,

(a) The elector shall exhibit his postal ballot-paper (unmarked.) ,86

and his postal vote cer tificate to an authoTized witness;(b) The elector shall then and there, in the prescnce of the

authorized witness, sign his name inhis own handwritingon the postal votecertificatc in the place provided forthe signature of the voter;

1918Commonwealtl! Elector al

C It'h 01 of a State '. all Mining Waldens andommonwea , bl' S' . ITM" 'F rdens' Clerks in .the Pn Ie eIVlce 0 a

IllIng vv a d' 1 P ft' S' allState' ,all legally qualified Me Ica . lac lionel , ,Office;. in cbalge of Quarantine StatIOns; all O~eels. hare of Li hthouses; all Pilots in the seIVlce of~tZ Co~monwe~lth or of": State, a; of any local govern­ino' body' all Telegraph Line Repanels permanently em-l~ cd In' the Public Selvice 0'£ the Comm?nw oalth, ,,:ho~r/in charge of working paltles; all Railway StatIonMasters and Niaht Officels in charge who are perma-

tl" employed in the Railway selVlce of the Commo.n­~~:lth olaf a State; all Superintendents of MelcantI)eMaline and theil depnties while permanently cmplo~~d '~the Pnblic Service of the Common"ealth Olaf a St:,te,

and I d' th P blic(0) all pCISOnS 01 classes of pelsons, emp oyem 0 'I n. r'

S . f the Commonwealfh Olaf a State, w 10 a eenlee a . d 'tdeclar ed by proclamatio:, to be authonze WI nesseswithin the meaning of thiS Act

(~,,)No person who is a can~idate at any election shall be anauthorized witness at that election

87".-(1) Ananthorir,ed witness shall not witness theof any elector to an application fOI a postal vote celtlllcate

postal ballot"papeI unless- . " a.ppHcant(<<) he has satisfied himself as to the IdentrtJ: of .the .(0) he has seen the applicant ~il?n the apphcatlOn m

applicant's ownhandwlltmg ; a~d .(e) he knows that tho statemEnts contamed "'; th~ ap'pli,,.tton

are trne 01 has satisfied himself by mqunyapplic"~t ?r o.therwise that the statements cOlltainedin tbe apphcatlOll are tllIe

Penalty: Fifty pounds, or imprisonn:ent fo.r one mo~tb .(2.) The authorized witness s~all SIgn hiS name III h~8.

haudwritin . on the application III thcspac~ provIded forgd h II dd the, title under which he acts aspurpose, an s a a .

authorized witness and the date . d .(3) An authorized witness shall not persnade ?' 1U. uce,

associ~te'himself with any person in persuading .01 Ind~cmgn"A"li.apperson (,0 make application for a postal vote !,cltrficate andballot-paper " t f thPenalty: Fifty ponnds, or impnsonmen or one mon,

88-(1.) The Divisioual Retnr~iu~ Officer who. 1eceivesa lication if he is satisfied that .,t 18 properlys;gned bypp licantelector and is pwper1y witnessed, shall delIver or~Er elector a postalvote c.ertificateprhlted ona.n.e~lvelffe a'h"lB• 'heo,"~"to the Divisional Returmng OfficeI for the Unlswn or w IC •applicantdeclares that he is em oIled, and one posta\ballot'jllapera .Senate election, and one postal ballot"paper:. or a ouseRepresentatives election, or eiuheT as the case TequneS

!5&ue ofcert1fl.oaoo andbollot-papcn

Duty ofo.uLhorizedwitnesses

82

,I,

~'

III

I~

jl:'.. '1,!

jiiI:"~I ,n

Duty of pcrgon sprcsentwhenan eleotor "Otesby post

85

Preliminaryscrutiny ofpostal b \1Jot,papers,

Oommonwealth EledO'TaJ,

96. At the s~rutin! the Divisional Returning Officer shall r _.dnce all applrcatrons for postal vote cer tincates and postal baRo~paper s, and shall prodnce nnopened all env 1 ' , .yates received np to the close of the poll, an~0.!he:ll~tarnmg postal

(a) compar~ the sigl:atme of. the electoI' on each postal votecer trncate. w;th the srgnatme of the same elector onthe ~pplrcatI~n for the certincate, and allow the

. sc.mtmeers to mspect both signatures;(b) If satrsned that the s.ignatnre on the certincate is that of

th~ ele:tor wh? srgned the application for the certificatean th~t the .srgnatm e purports to be witnessed b anantholI~e.d.wrtness,and that the elector is enrollel forthe DlvrslOn, .accept the, ballot-paper for fmtherscmtmy" bnt, rf not, so satisned, disallow the ballot­paper. wrthont openrng the envelope in which it iscontaIned;

(e) withdr~w from the envelopes bearing the postal voteceltrncates all po.stal ballot-papers accepted for fmthel'tc\~tmy, and, wrthont. inspectiug or unfolding the

a at-papers or allowmg any other person to do 'soplace t~em, ir' a locked.and sealed ballot-box by them~selves for further "cmtmy'

(d) seal up in separate parcels and preserve-

(i) all en~elopes bearing postal vote certincatesr.eJatmg to postal ballot-papers accepted forfurtner scr ntm,Y, and

(ii) all nnopene.d envelopes containing postal ballot­papers drsallowed; and

(e) procee.d with the scmtir;y of the postal ballot-papers whichhave been accepted for further scrntiny,

~7ld ~os~~l vote shall not be rejected becanse in the case ofcalldldan:ater he t~S surname only has been written thereon if no otber MI,tak".

as e same smuame, or by reason of any mist k ',O"'vUW" where the elector's intention is clear . a em

1918.Commonwealth Electoral

(e) The authOIized witness shall then and there sign his uamein his own handwriting on the postal vote certificate illthe place provided for the signature of the anthorizedwitness, and shall add the title under which he acts asan anthorized witness and the date;

(d) The elector shall then and there, in the presence of theauthorized witness, bnt so that the authorized witness,cannot see the vote, mark his vote on the ballot-paper inthe prescribed manner, and shall fold the ballot-paperso that the vote cannot be seen, and hand it so folded tothe authorized witness;

(e) The authorized witness shall then and there place theballot-paper in the envelope addressed to the DivisionaL,Retmning Officer, fasten the envelope, and hand it to the"voter who shall forthwith post or deliver it, or eanse itto be posted or delivered, to the Divisional Retnrning,Officer;

(f) If the elector's sight is so impaired that he cannot vote'withontassistance, tbe anthorized witness, if so requested,by the elector, shall mark the elector's vote on the,ballot-paper in the presence of a witness and shall thenand there fold the baliQt-paper so that the vote cannotbe seen, and deal with it in the manner provided in thelast, preceding paragraph;"

(q) The anthorized witness shall not, nnless the elector's sightis so impaired that he cannot vote withont assista,!ce,.,look at or make himself acquainted with the vote givenby the elector, and, except as provided in paragraph (1)of this section, shall not suffer or permit any person(other than the electOI) to see or become acquainte<iwith the elector's vote, or to assist the elector to vote;or to interfere in any way with the elector in relatioll'to his vote

93 Evcry anthOIized witness shall­(a) comply with the preceding section in so

complied with on his part;,(b) see that the directions in the preceding section are com

plied with by ever y elector voting by post before hi ,and by every person present when the elector votes; a

(0) refbin from disclosing any knowledge of the vote of anelectOI voting by post befor e him

Penalty: One hnndled ponnds, or imprisonment for thr!D:onths '

94, Any person to whom an envelope containing or purportinto contain a postal ballot-paper is entrusted by a voter for th,purpose of posting or delivery to a Divisional Retur ning Office)'and who fails to forthwith post or deliver the em elope, shallbgnilty of an oftence '

Penalty: Fifty ponnds, or imprisonment tor one month

No. 27

Penalty fortailure to postor deUver pestalballot-paper

Duty ofauthorizedwltne<;s

84

&7

Banot·papers,

Ballot'papers tobcinihaled

Scrut.ineers atthe polling,

No. 27.

Provisionrelating to

any elector within scrotinecrs.

Oommonwealth. Electoral1918

104.. Ballot~papers to be used in a. Senate election may be in Sonnt'b,llot-the Form E in the Schedule.. pa.",

105, Ballot-papers to be used in II House of Representatives Ron" ofelection may be in tlie Form F in the Schednle ::,y;i;:::~v",

106 In printing the ballot-papers-

(a) the names of all candidates dnly .nominated shall beprintedin alphabetical order according to their snrnames ;

(0) if there are two or more candidates of the same suruame,their names shall he printed according to the alphabeticalorder oftheir christian names, or ,.if their: christian namesare the same, then according to the alphabetical orderof their residences, whiGh shall in snch case be arrangedand stated on the ballot-paper;

(t) where similarity in the names oftwo or more candidates is. likely to canse confusion, the names of such candidates

may he ananged with such description or addition aswill distingnish them flom one another; and

(d) except as otherwise provided by the regnlations, a s'lnareshall be printed opposite the name of each candidate ..

107 ..-(1) No ballot-paper shall be delivered to any voterwithont being first initialed hy the plOper officer, and an exactacconnt shall be kept of all initialed ballot-papers

(~.) The initials of the officer shall be placed on the back of theballot-paper in such a position as to be easily seen when the'ballot-papel is folded so as'to conceal the names of the candidates ..

108.-(1.) Scrutineers may be appointed- hy candidates torepr esent thel)l at polling places during the polling, bnt so that not

than one scmtineer shall be allowed to each candidate at each"'....·0 booth or snbdhision of a polling booth

Appointments of Bcmtineers shall be made by notice inwr,itirw or by teleg1am addressed to the Returning Officer or

officer, and such notice or telegram shall be signed by:~~ut~~:::,rda1:e, and shall give thc name and address of the

109 -(1) A scmtineer shall not-

(a) inteIfere with or attempt to influencethe polling booth; or

(b) commnnicate with any person in the polling booth exceptso far as is necessalY in the discharge of his functions.

Penalty: Five pounds,A scrutineer shall not be prevented from entering or

lea,,,inlg a polling' booth dUling the polling,. and-, during his absence,iiL "relieving scmtineer may act in his place, but so that only onei'I~~lli~~ei~~. each candidate shall· be entitled to be present in theg,'. booth 01 subdivision of the polling booth at anyone time:.

Or;m;monweulth ,EledoralNo.27

Substitute,

PAR'r XIIL-THE POLLING

h a f urination98-(L) If the proc.·eedings on t e OaffiY 0 nho 11 irnmedi:atelly"",uiuingom"l)' day the Hetummg cer s a

;~I'I~~~~ments adjOl,uned to po mg ,'. ts for takino- the poll, andnmke all necessary arrangemen "

particular shall,- . ' , er to reside at each polling place,(a) appoint a presrdlllg offie, tantPpresidina office!s, poll clerks,

and all necessary assrs "

, a!'d doodrkfeep~rhs; oper polliI\~ booths and ballot-boxes;(b)provrde an mms pr "

a!'dd ballot-,papers and all necessary certified lists(t) provr e

"oters,. 'a due to the absence of(2.) In an~ ~mergency on Jlyll~r.;';l:a~, doorkeeper, or to

assistant presrdlllg office~,. p ure at the polling which cannotunforeseen and contin~ed tk~S~s the presiding officer may appointmet by the dnly appolll ~ ta t 'Pre~iding officer poll clerk, or door­any person to act asassrs n " ted or acting shall be deemedkeeper, and the person so ~!,p~mDivisional Returning Officer after..have been dulyaPPolllte? r t et b appointing that person to be,waJds latifie~!he apPoIntmlll ~ ordoorkeepeI, as the case may.assistant presldmg officer" poc eI ,

be. d the a e of twenty-one years shall(3..) No person uu, ~r ffic~r 01 assistant presiding officer. ,

appointed to be ,a presrdm(Sd? ffi er may subject to the dnectlOn(4.) Any assrstant presr rn,g 0 lCl or any' of' the power s of the:

f h 'd'no' officer exercrse a , f h _ .•...ate presr r" d' h' 11' . spect of the exeIcrse 0 t ose powe,s,.presiding officer, an sa., ~n Ie ':';be deemed to be the presrdmg officer. "

, ' '. , a oint a substitute to perform c99. Auy pr esrdr?g officer ma~b!e~ce and such snbstitute may,'

his dnties durmg hrs temft~~~Y OWeIS ;f the presiding officer! ~ndwhile so actmg, e~ercrse a

hp s be deemed to he the presrdmg

shall, in the exercrse of t ose power , _

officer. . " r!100, No part of any premises licensed for \~,e sa~eo~~~ntoxlCa mg.

~~~",.",~'~ li nor shall be nsed for the purpose of any po mg .c'..b<> ",d 'l . t. rng compartmentss,••,." voting 10L polling booths sha~ ha~~rsse~~~:';,eob~e~vation while they.compartments co.nstIllcted so a~ to sl'c1Ieen t e vo d each voting conlpartment sh~ll.,

l' g therr ba ot-papers, an .....are mar nn, 'I f . the nse ofvoters,be fumished wrth a pener or

102 Each polling booth shall he provid~~ ~'ith the necessa!;Ballot·boxes bn11bt-boxes, constructed and fitted as presc!l e ' . . ''"

. ," t be used by a presrdmg officer,103 The certrfied Irst of voters 0 f" hIt on the ro'l.ccr'lft,d 1"" . , I 11 b tl list 0 tee ec or8 , ?':

ofvo"'" at a pollrng pl'Sccbd,ra. efor~hich the polling placeispreseIlb~denrolled for the ,:, :vrsrf~ tuminO' Officer and shall before!certified hy the ~rvrstlOhna . ll\e delivered to' the presidingoffic.hour of commencrng e po "for his guidance during the pollmg ,b

86

!'I

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I.,~

"i ~,I

, !

89

Personsclaiming tovot-e to givenam()~ and otherparticulars

Questions to beput to voter

ErrorS" not toforfeit .vote

No,2i"Oommonwealth Elootoral.

The regulations relating to abseut voting may prescribe allDl~,tteH (not inconsistent with this Act) necessILry or convenient to

fOI carrying this section into effect, and in par ticularprovide f')l-(a) the forms of ILbsent voters' ballot-papers;(b) the manner in which votes ale to be marked on absent

voters' ballot-papers;(e) the method of dealing with absent Yoters' ballot papers

including the scrntiny thereot; and the counting ofthe votes thereon; and

(d) the grounds upon which absent voters' ballot-papers areto be rejected as informal.

Absent voters' ballot-papers containing votes and enclosedenYelope may, if so provided by the regulations,

in any ballot-box in nse at the polling booth at whICh thewere cast, bnt notwithstanding anything contained in this Act

envelope containing an absent votel's ballot-paper(unless the regnlations otherwise provide) only be opened and

ballot-paper dealt with, as regards the scrutiny thereof and thec~Jl~~~nf;i,o~1f::tih~:~e votes thereon, by the Divisional Returning Officerfor the for which the voter declares that he is enrolled

(4,.) Nothing in this section 'shILll authorize any elector to votethau once at any election

114, Every person claiming to vote at any polling booth shallhis christiau lIame and smname, and, if so desired by the

preslurrlg officer, for the purpose of identifying the name undelvote is claimed, any other par ticular s necessar y to be

in the:rolL

115,,-(1.) The presiding officel shall put to every personclairnin,g to vote the following question :-Have you already voted

or elsewhere at this election? (or theSe elections? as therequires), and may, and, at the request of any scrutineer shall,

put all or any of the following questions :- ,(a) Are you the person whose uame appears as (here state

name under which the person claims to vote) on thecertified list of voters for this polling place? (or theRoll for the Division of ? as the case requires)"

Are you of the fnll age of twenty-one years?Are you a natural-born or naturalized subject of the King?Are you qualified to vote? 'If any person refuses to answer fully any question put tothe presiding officer under the ILuthority of this section, oranswer shows that he is not entitled to vote, his claim to"

shall be rejectedThe voter's answer to any question pnt to him by the plesid­

under the authority of this section shall be conclusive, andm'Lt.t.,,, shall not be further inqnired into during the polling"

116, No omission in the Roll Or in the certified list of voter sany christian' name, or entry of a wrong christian name, 01

Oommonwealth ElecWrat",

(~,) A scrntineer who commits, any breach of this s'd'i"rr~'~lt:;,onswho miscondncts hiurRelf, or who falls to obey the lawfnlof the presidina officel mal' be Iemoved hom the po.n~ng bffith by"any constableb or per:son anthorized by the presldlp.g 0 eel' to,

I clllove him"

110, No candidate shall in any way take palt in .t~eacondnctof an election, and no person, other than the presldln~ ?fficel,assistant presiding officers, poll clerks, dool keepers, aud scr~tlUders,and the electols yoting and abont to vote! shall be pe,rmltte to

t er or lemain in the polling booth dlUlllg thepolhng excepten 'd' ffiby permission of the plesl Illg 0 cer

111" The polling shall be conducted as follows :- . ,(a) Before allV vote is taken the presiding officel shall exhr?lt.,

the ballot-box empty, and shall then secnrely fasten rts .'cover' ,'"

(b) The poll shall open at. eight o'clock in the ,morning, ,,:nd,"shall not close nntll all electols present III the. I?ollmgbooth at eight o'clock in the evevmg, and desrrrng to:vote, have 'Voted ; . ,,'

(0) The doors of tbe polling booth shall be closed at e.rght .o'clock in the evemng, and nO pelson,shall be admItted:,after that hour to the polhng booth for the pm pose ot.

(d) At t~oeti~ro~e of the poll the presiding officer s~all, in the)'presence of the poll clerk ~nd of any ",scrutmeers whomay be in attendance, pubhcly close, fasten, seal, ~nd.,take charge of the ballot-box; and WIth the least posslb~e.delay forward it for the pm poses of scrntmy, and ;t'shall on no acconnt be opened except as allowed by thIS"Act"

112,,-(1) In the case of a Senate election, an elector shallonly be admitted to vote for the election of Senatol s for the Statefor'which he is em oiled, "

(2) In the case of a H, nse of ~epresentahves electIOn, an.eleclor shall only be admitted ~o vote for the electIOn of a memberfor the Division. for which he IS enrolled .'

(3) For the plU poses of this section, th.e elec~oI'a1 Rolls m f?rceat the time of the election shall be conclnslve eVIdence of the nghtof each per son enrolled thereon to vo~eas an e~ector, nnless .heshows by his answelS to the. qnestIor;s pIescnbed by sectl~~,One hnndred and fifteen that he IS not entItled to vote

113-'- 1.) On polling day, an electoI sh~l.l!'e entitle~ to vo~~at any presclibed polling place for the Subdlvrsron for whIch he IS

emolied or he shall be permitted to vote a~ any other.polllllg placwithin the Commonwealt~ at which a pollmg booth. rs open, nnd~and snqject to the legnlatlOns relatlllg to absent votIng,

No 27

Wbere electorsmay vote

ElectIons atwWeb el~ctof'Sare entitledto vote

The polling

PersOIlllpresent atpolling

88

11Ii) II'

'191

Vote of personwhoso name Isnot on eertifiedlist, or has beenstruck out ofcertified list,

No,27CommonwlJaltk 'EteelOtal

. .l21,~(Ll Notwithstanding,anything contained in this Act, whenwho is entitled to be elll'Olled :on tbe Roll for a Sub.­

J1i',;slion claims to 'Vote at 'an eleetion at :a polling 'Place ples'ClHJedSrrbdivision, and his rmme has been I'>n:ritted from 01' struek

of the certified list of voters for that polling place owing to :anof an officer or a mistake of fact, he may, subject to the Act

the rega'lations, be permi:tted to voteif--(al in the case qf a person whose name has been omitted fr'om,

the certined list-(i) he sent or deliveIed to the Registrar foi the Sub­

division a duly completed claim for enrolmentor transfer of enrolment, as the case requires,in respcct of the SoubdiV'ision, and the cIaimwas received by the Registrar before tke issneof the writ for the election; and

(ii) he did not after sending or deli> ering the claim., and before the issue of the wIit hecome quali­

fied for transfer 6f emoln:rent to another Suh­division ;OI

(0) it! the ease of 'a person whose name has been struck ~out oftheceltifted list-~

(i) his name was not, to the best of ~his knowledge,lemo"edftom the Roll for the SubdivtrsionOWing to objection, or tIansfer or duplicationof eU1"<'Ilment, 'ordisqullJlification; and

(ii) he ,had, fr~m the time of his enrolment for theSuhdivision to the date of the issneof the wlitfor the election, continuously retained his rightto enrolment lfu>I tkatSnbdivision.

makes a declaration in the l'tesc'ibed 'forn:r befoIe the presidingat the polling place.Where a voter cl",ims to vote under the prowsious of this

~:;~~l~~ he sha,ll mark and fold his ballot-paper in the manner, pre-.'. in this Act",nd tetum it so folded to the presiding officer,

(3,,) The presiding officer shall thereupon, in the presence of theand 'Of ,such scrutinecrs {J,S are present, and ,without unfolding

enclose it in au envelope hearing the declarationof the 'addIessed to the Retlllning Officer for the Division

which the voter claims to ,he entitled to ¥ote., andslmll .fo!thwithtlJcenve!ope and de,posit it in the hallot~,box

ABsistant Retutning Officer who is mltholized undernn,vi"iorlR of this Act to open the ballot-box shall without

,>penill'g the envelope forthwitktransmit .it to .the Divisional,Officer for the Division fOI' which the 'voter claims that

is to 'vote..(5.) The Divisional RetUllIing Officer, on receipt of the envelope

:~ontaining the ballot-paper as aforesaid, shall, before o,pening the€nvelepe or aHowing liny othelperson '.to do so, examine the declara­

,.tionof the voter,and,if it is in 'order and he issilitisfied, aft~1,making such inquiry as may be necessary, that the vilter is.a person

address, or occupation, and no, ,mistake in the spelling o~, an)'"smname shall wanant the r~lecbon at any pollrng of any clarm to;,vote if the voter is sufficiently identified in the opinion of the'presiding officer, and no fem,,:le electo! shall be disqualifiedhomtj!voting under tbe name appeanng on the Roll. because her sm"amehas be,eu changed by mauiage", '"

117.-(L) The presiding officer,or a poll clerk shall at the:polling hand to ea~h. persou clarmmg to vote a ballot-paper dulyiuitialed by the presrdrng officer-

(a) if the name under which he 9aims to vote is. on. the certifiedlist of voters for the polhng place and Ins nght to vot"",is not challenged; or " "',,

(b) if the name under which he claims to vOt,e, is, on" t1<&:certified list of voters for the polling place aud liis rigjJ.tl'to vote is challenged', and' his answer s to the prescnhe<:t.questions show that he is entitled .to vote; .or :;,:

(0) if he claims to 'ote lUider the Iegulatrons relatrng to ahs,e?;,:voting and complies witli thosc regulations,,:

(2,) The, pr.esiding officer, ,,:t the request .of a sCJutineer, shall,note any ObjectIOn by the scruhne,er, to the lIght of any p,elson tovote, and sball keep a 1ecord thereof , '

(3,) If the presiding officer puts to, any person all or any ofth~:tprescribed questions, his right to vote shall be deemed to have bee~',

challenged,;

11.8 Immediatel,y upon handing the, ballot-paper to the pelso~lclaiming to vote, the pre~iding officer or a ,Poll c!erk shallpl?,~e'Nmark against the person s name on the certrfied hst of voter.s rtliiname is on that list

119 Exccptas otherwise prescribed the, \oter uponrcceipt,g#the ballot-paper shall without delay- ',U

(al retire alone to some unoccnpied compartment of the booth"aud there, in whate, mark his vote on the ballot-,pape'in tbe manner hereinafter described;

(b) fold. the ballot-paper so as to conceal his wte and to shoclearl,y thc initials of th~ presiding officer, and exhi»itit so folded to the preSIdIng officer, and then forthwrt~

openly, and withont uufolding' it, deposit it in the ballot:.:box; and '

(0) qnit the booth . "

120 If an)' voter satisfies the, presi~ing 0il!cer that !Jis ~ig~!is so impaired or that he rs,so physr~ally ,ncapacrtat~d, ol'Illrtera~"that he,is unable to vote wrthout assrstance, the presIdmg officer;rthe presence of such sClUtine,ers as may be present, or, if thereb",no SClUtincers, present, then III the presence of- ",'

(a) the poll clerk, or ,,' ..(b) ifthe voter so desir es, in, tlie pr csence'ofa person appointe

by snch. voter, instead of the poll clerk"shall mark, fbId, and deposit his ballot-paper for him,.

:lifo.. 27,

Assistance tocertaIn voters

vote to bemarked inprivate

Llst:ofvoters,to be J!)a.rked.o,n.ballot-paperbeing issued

Right of electolto reool\'oballot-p!l.per

1'1

I:

Adjournment Inother cnS(l$

VotIng atfldjournedpollfng

Arr,llnge.mentswbero ejectionshold InaomaDlv1slons~only.

Scrutiny

Scrutinoors attho scrutiny"

Action onobJccUons toballot-pa.pers

Scrutiny, howconduoted

Informal ballot­papers"

No" 2;Commonwealth Blectoral.1918

PIRT XIV-THE: SCRUTINY.,

129 The result of the polling sballbe ascertained by scrutiny..

130 Each candidate may by notice in writing 01 by telegramaddressed to the Assistant Returning Officer or Divisional Return­ing Officer, as the case re'lnires, appoiut one scrutineer to represeuthim at the scrutiny at each polling booth or' other place at whichthe scrutiny is being condncted, and such notice or telegram shallbe. signed by the candidate anq shall gIve the name and address ofthe scrutineer.

131. The sClUtiny shall be condncted as follows :_(a) It sball commence as soon as practicable after the closing

of the poll;(b) Such scrntineers as have been duly appointed pursuant t"

the preceding section, and any per sons approved by theofficer conducting the scrutiny, may be present;

(c) All the proceedings at the scrutiuy shall be open to theinspection of the scrutineer. ;

(d) The scrutiny may be adjourned from time to time as maybe necessary nntil the counting of the votes is complete

132.-(1) If a scrutineer objects to a ballot-paper as beinginformal, the officer couducting the scrutiny shall mark the ballot­pape~ "admitted" or "r~jected " according to his decision to admitor reject the ballot-paper..

(2..) Nothing in this section shall prevent the officer condnctingthe sClUtiny frOm r~jecting any ballot-paper as being informal~lthough it is not objected to

133,-{1.) A ballot-paper shall (except as otherwise providedby the regulations relating to absent voting au polling day or tovoting by post) he informal if-

(a) it is not anthenticated by the initials of the plesidingofficer, or by an official mark as prescribed;

126, If flam any cause any polling booth at a polling place isnot opened on polling day the presiding officer may adjourn thepolliug f01 a period not exceeding twenty-oue days, and shall forth­with give public notice of the adjournment,

127, Where for any reason the polling is adjourned at anypolling place, those electors' only who are enrolled for the Sub­division for which the polling place is prescribed, and who have notalready voted, shall be entitled to vote at the adjourned polling atthat polling place ,

128 Where an electiou is being held for auy Division, it shall. not be necessary to open polling booths at the polling pla~es for an)'

Divisiou for which no election is being held

Oommonwealth Eled01al,

Mru:king ofvotes in aHouse ofRepr.cscntativcselectIon

No. 27,

h (0;) 01 (b) of sub-section (1) of this sectionto r-hom

h PI~'~~~I;"ith the ballot-paper in the mannor prescribed~pp res, s, a 'th the sClUtinyof absent voters' ballot-papers, andrn conneXIOn wr . . t" b .ade in the Roll

~;\:::ef:~::;~::::~::;~~~::::~:~n:~::~m::l~:;:~:~n~~t~e)(1~~~:,';.baUot ballot-box satisfies the presiding officer that he has, ?por, ei'lii

ballot-paper by mistake or accident, he ,:,ay, °ffigIVlnii, It hUYi %1

="' =~:'a~~,~::~;, :~':;~:::::'~~h~::~ ~Isonale"""tlon, ( ) whete his ballot~paper is a ballot-paper r? accordance :"rth

a Form E in the Schednle-by making, a cross rn a,s'lnare opposite the name of each candrdate for whomhe votes; , 11' d. '

(b) where he votes at a polhng place on ~o rng ay Inaccordance with the regula,tions relating to a?sent

. voting-in the manner prescrrbed by those Ieguiatrons •.

Cc) wh:r:dhe votes by post under the pto:,isions of Part XU,of this Aet--in the manner prescnbed by thetions relating to voting by post

(2 .. ) In a Senate electiou a votet must vote for the full number­of candidates to beelected;

124 In a House of Representatives election a voter ,han mark",his vote on his ballot-paper as follows :- , .

C ) where his ballot-paper is a ballot-paper rn accordancea with Form F in the Schedule-he shall place the

number 1 in the slluare opposrte the name of the can­didate for whom he votes as his first preference" ~nctshall give contingent votes for all the remamrngcandidates by placing the nnmbers 2, 3, ~ (and ?o on, asthe case requires) in the s'luales opposrte then names- .so as to indicate the order of his prefe~ence for them; ,.

(b) where he votes at a pollin~ place o~, polling day m a~cord­ance with the regulatIOns relatIng to ab~ent votrng­he shall mark his vote on hi, ballot paper rn the mannerprescribed by those regulations; and fi'

(c) where he votes by post under the provrslo,:s of Part XII?:this Act-he shall mark his vote on hrs, ballot-paper rn.;the manner prescribed by the regnlatlons relatrng to.voting by post,

Adjou<nm,nt of 125, The presiding officer m.ay a?j~um the polling flom day~poUlngon da I'n any case where the pollIng rs mterrupted or obstIucted b),~ountofrlo~ y

riot or open violence.

92

95Oommonwealth Electr>ral: No. 2,7:

(b) examine and count" 11 tlballotcboxes '~. Ie votes, ~oIltaiI:led in thepapel s; ,r,electrng all WfOJ'Jlllll baJlot-

(c) make out and sion a st t 'countersioned b by a: e~en~ (whrch may' beOfficer ota poll cletk, and ~}r~hant Pr e~idingsuch serutineers as are t) ey S? desae byuumber of votes ~iven lresenIi settr~g ontthethe, number of inform~\ eb~Il~~ndrdate andcertrfy by indOlseme t tl papers, and'~' n on Ie cop' of th

ViIIo, receIved by him th 1'1 " e(d) make np in the manne e l{b

edPartreula, s ;b Il t I pr escII e in par eels all

( )lao ·papers scrutinized by him· '

e sea up the par cels and ' d 'descriptio? of the cout~~t~r:~e~~o~ach parcel aany scrutmeers present if th ' and 1;'ermrt

(f) countersign the indOlse~ent. ey dSO

desae, to

tr a~~~:; ;:~t\;~:Il~~ast possibl~ daclay the ballot-statemen!,and the ~~d sealed, toget~el with theaforesaid to th D' p~ of the Wilt rndorsed as

(2) An} ballot-b ' f rvrsIOnal Retnrniug Officer

Oox not opened by an A 'tfficer rna) be 0 ened b 8~r~ ant lletnrning

Officer, who shallcondlletVt~~es Dr;,rsIOr;al lletnrningaforesaid as fur as applicable cru rm In the manner

(3) All ballot-papels I d f ' ,(a) Part XIIlS~f tl~isvA~~rf nrpursuance of-(b) tbe reg,ulatIOns r:elating to abse t t" 'dav. or n vo mg on pollmo

"

(cj section 'oue 1 d 'd d bshall be examin:Jrn red' an twenty-one of this Act

R t' an counted bv th D'"

e mnrng Officer and' dealt 'th' e, rYlslOnalAct or the. iegul~tions wr as pr escllbed by this

(4) Each Divisionallletnrnino- Offi ' ' ,ment on the copy of'"' the cer ,,;,hall ~crtrfy by indorse-nnmber of Yotes aiyen for wu recCI,"ed by him theenrolle,d for the· D9" .. ~ each. c.andrdate by electors

R. IV lSIOn ,or which he ' th 1)' , • ,

elm nrng Officer, aud the " l~ e I vrsIOnal. paf'ers, and shall f<uthwitlr tn~'h~ ~f rnformal ballot­

so mdorsed to the Commonor ,vlatrl tEle copy of the \nit,the State. weal ectoral Officer for

(5) :FlOro ~he copies of the writ for ' 'Dn rSIOlIal Hetm nin 0 Officers ;ard!f t~O hr?" by thethe State, the Commbonweal h or a e DrvrsIOns ofcer tain the total numbel f t t El~ctOl,al Officer shall'as-

(6) In the event of an . 0 vo es gIven for each candidateElect0Ial Officel e;s::Hty , of votes. the Commonwealthpose of deciding the ele~,ve a castrug vote for the pur­this sub-sectiou he shall ~~f' b~t etxchept as p.r ovided in

(I) 1b d'd vo ate electIOu

e can rates to tbe' numher' .receive the greatest uumb refqnrred to be elected whoen 0 votes shall he elected

1918..1918.commnwealtlt Electoral

134 Except asanthorized by this Act 01 the regnlations, anofficer snall not place npon any banot-paper any mark or writingwhicn would enable any person to identify the voter by whom it is

nsed,.Penalty: Ten ponnds,135 In elections for the Senate, the scrntinyshwl1, snbject tei, ,','

the provisions of the regulations relating to absent voting on pollingday and to voting by post, be condncted in the manner follow:;, '

ing:- '(1) Each Assistant Retnrning Officer shall in the plesence of

an Assistant Presiding Officer 'ora Poll Clerk, and ofsuchantholv.ed scrntineers as'.mayatrend.·.·

(a) open all ballot-boxes leceiv"d flom pcillirig plllce~'within 'or for that .portion of the Division illwhidl ,hee'Ketcises his p"wels ;

(b) in elections tor theSen!itc it has no vote mar'ked on it orhas votes marked on it for a greater or lesser nnmber''of candidates than thc nnmber required to be elected;

(e) in elections for the liMse of Representatives it has novote indicated on it, or it does not indicate the voter'sfirst preference for one candidate and in the case of aI:lYelection where there are more than two candidates 'hisCOI:ltlI:lgent votes 'for all the remaining candidates:

Provided fhat in elections for the House of Repre­sentatives at which there are not mote than twocandidates, the voter's preference fOI onecan,did"teshall be deemed to be .snfficiently indicated iI:lthecase of a ballot-paper llilHkedso as to indicate thevoter's first prefereI:lcc OI:lly:

Provided further that for the pmpose of the la~tprecediI:lg proviso a cross iI:l the square oppositethe name .of one erundidate shall be dee,med to ;indi­cate the voter's first preference for that candidate;

Ot'(d) it has upon it any roarl<ol :w:ritirrg (not authorized bytrhis~clt or thetegulatiou'S to be put ~pon it) '),ywhieh, inthe opinion of the Rc\mning 'C)ffieer, the voter can be

identified:Provided that p.ragr:a'Ph(d) shall not apply to any'mark or writing placed npon the ballot'paperby anofficer, ,notwithstandingtbat the placing of the markor wdting upon the ballot-pa,!,er is a 'contrltvention

,ofthis Act(2) A ballot-paper shall not be informalfbr anyr'easo

nother

than the reasonS specified in this sedtion, bnt shall 'be giveneffect to according to the voter'sint'entionso falas his intention is

deaL

No 27,

ScIutiny Ofvoteg in Senateelections

Officers not tomark ballot­papers so thatvoter· can botdenHlled,

1918

i. II ,

: ii:

IIII9iNo.,2T..Commonwealth Elector al

(e) section one hundred and twenty-one of this Act;shall be examined and, counted by the Division:tlReturning Officer, a"d dealt with as prescribed bythis Act or the reg-ulations. '

(4) From the copies of the writs forwarded to the DivisionalHetmning Officer by the Assistaut Returning Officer si'1or for the Division, and the result of tbe sClutiny ofthe votes counted by him, the Divisional ReturninaOfficer shall ascertain the total number of first prefer':.ence Yotes given for e,ch candidate for the Division

(5) The candidate who hes received the largest number offirst preference votes shall, if that number constitutesan absolute majority of votes, be elected

(6) If no candidate has received an absolutcm,\jOlity of firstpreference votes, the Divisional RettiIOing Officer shallopen the sealed palcels of ballot-papers received fromAssistant Retnrning Officers, and ploceed with thescrutiny and counting of the votes as follcws :-..

(i) the first pleference votes given for, each,candidate shall be connted ;

(ii) tbe candidate who has received the fewestfijst preference votes shall be exCluded,and each ballot-paper connted to himshall be counted to the candidate nextin the order of the voter's preference;

(iii) if no candidate then has an absolutem,\jority of votes, the process of ex­cluding the candidate who has thefewest ,otes, and counting each of hisballot-,papers to the unexcluded can­didate next in the order of the voteI'spreference, shall be repeated until onecandidate has received an absolute'majority of Yotes ; and

(iv) the candidate receiving an absolutemajority of votes shall be elected

(7) Whele the Divisional Returning Officer is satisfied thatthe votes-

(a) on any absent voters' ballot-papers which have notbeen received by him, or

(b) on any ballot-papels used for voting in pursuanceof section pne hundred and twenty-one of thisAct, in lelation to which he has not completedthe action specified by sub-section (5.,) of thatsection,

cannot, having regard to the number of those ballot_papers, possibly aftect the resnlt of any palticular count,he may, subject to the concurrence of the Chief lDlectoralOfficer, ploceed with that connt without awaiting thereceipt of the absent Yoters' ballot-papers or completingthe action, as the case may be

1918No 27 Commonwealth Eleetoro1,

, ' , ' H fReplesentatives the scrutiny136 In electIOns for the. , ouse~, the re ulations relatiug to

shall, subject to tlhl: prd~vlslOdStoOvotiug bygpost, be conducted in

absent votlng on po lUg ay anthe manner follow~ng :- ,', 'I shall in the presence of

(1) Each Asslstaut RetUl,u:ng OOffiffice , 'Poll Olerk and of" 'an Assistant Presld1l1g ,eel or, a ,,'

such authorized scrutineels a"s may attend-. 1b ' ed IIom pollmgp aces

(a) open all ballot- oxes ,ecelV D' " .within or for that portioa of the IVlSlon mwhich he exercises his POWelS; tl

(b) reject all informal ballot-papels, a~d anang;f t~:umejected ballot-papers undert e :rames teres cctivc eandidates by placIllg III a separa,paicel all those in which a. first preference rsindicated for the same candrdat~; f h

count the first preference votes gIven or. eac\e) candidate on all UllIeJected ballottaters , b'd ake out and sign a statement (w ~c, may e\ ) m t' d by an Assistant Presrdmg Officer

conn ersrgne d' b nchor a Poll Olerk, and if they so eSIle, Y sscrutineer;] as are present) sftt~ng out t~enumber of fir st pr efel ence Yot~s gr vento~ ~fctcandidate and the number of lllforma a 0

d certify by indorsement on a copy~fi~~s.:v:~ received by him the like palticulars;

(e) lace in a separate parcel all the ball~t-papeTsp which have been rejected as II~formal ,

(/) transmit the following info!J?atlOn by tel~gr~~or in some other expedltrous manner 0

Divisional Returning Officer :~ , '(i) the numbel of first. prefelence Yotes

given for each candIdate; and. '(Ii) the total number of ballot-papers I~]ected

as informal; 1al u the parcels and indorse on each parce ,a

(9) se des~ription of the contentsthereof~and perm;tany scrutinee!'s pr esent, If they so deSIre, 0

cQuntelsian .the indmseluent; and .(h) transmit th~ parcels to the Divisional RetllIllIIIg

Officer with the least possible delay, togethe~with the statement, and the copy of the WIIfindorsed in accordance with paragraph (d) 0

this sub-section, ,t d by an Assistant RetUlllIng

(2) Any ballot-box bno open1 by the Divisional ReturningOfficer may e opene . ,. th prOfficer who shall cond:rct the scrutrny m e mann_aforesaid as far as apphcaJ:>le . , f-

(3) All ballot_papers used fOI Yotmg rn pmsuance 0

(a) Part XU of this Act; t'(b) the regulations relating to abseut vo mg

polling day; 01

Scrutiny ofvotes in Houseof Representa­tives elections

96

n.c-count atSenateelections

99Commonwealth Elector al

PART XV..-THE RErURN OF THE WRITS..

. 141 ..---(1,) In elections for the SElectoral Officer for the State for wh' h ~hate, the 90mmonwealth It,tumofw,'lssoon as convenient-Iy may be . ft " t~ '_ e ellec:tlOll IS held shall, a.s ~~~~~c::on ofbeen aseertained~_a ,er ,e resu t ,of the election has

(a) at the place ofnomination declare the result of th 1 r~nd the names of the candidates elected' • e e ec ron

(b) by mdorsement uuder his hand certify ;n the wlitthenames of the candrdates elected, and return the writ~o thde Go,ernOl of the State in respect of whr-eh I't w'188M" ,as

(2,) Where the Commonwealth EleetOlal Officer for t.he State­(a) has bee,;, advised by a Divisional R t .' 0 Offi '

certam absent voters' ballot e uII~mb cer thatL 11' .' -paper s, rssued at some

remo : po mgl?laee III connexion with ,the electionca.nno reach hrm for the. purpose <ff the scwti '

b b w~thout:~dulY delaying the declaration of the poll orny

() as, een a Vlse~by ~ I?ivisio!,al Retur ning Offieertl;at hecanIlot eomp etc hrs mquUles into the facts setont inthe declarat~ons of ' certain persons to whom ballot­E~~~~~t~edrs~uedtUnder th~ p:ovisions of section One

, ~elaying t~~ de:l~;!ti~~eotth~h~~lt~~dwithout undn!y(c) III erther case, rs satlsfied that the votes recorded on thos

blallto,t-papers could nOL possibly affect the result of th~e eo lon,

he may, subject to the concurrence fth OJ' f El 'declare the' result of the election ~ d e t ne h ector,al Officer,

~;:~:~~gO:~~;'~~~~~ Z; &e c~~e:a;ot~rs'baU~~p~;eri~:tth:'t~~~

Ret~;~n-;,:-gk;~~~YllSe of Representativ~s election the Divisional Retumofwdt.

1, b , as soon as convenrentlymay b ft th ,,,,no,,,,,or

,tesll ~ of the election has been ascertained-' , e a er e lttlpJ'eS(,ntatlves,

(a) at the chief polling place for the Division public! de 1t1he ;:dsr~lt of the electron and the nameof the landfd:~~

e ecVt; ,(b) by indorsement, under his hand certify au the writ the name

of th; candrdate elected, and lettlI'n the writ tbIouO'hthe c.ommonwealth Elector"l OfficeI' for the State. b

./9181918,Commonwealth ElecWraJ",

(8) If the votes can possibly affect the lesnlt of any subsequentcount, the Divisional Retlllning Officer shall await thereceipt of the absent votels' ballot-papms, and completethe action before proceeding with that count.

(9) If on any count two or more caudidates have an equalnumber of votes and one of them has to be e"cluded,the Diyisional Returning Officer shall decide which isto be excluded; and if in thc final couut two caudidateshave an equal number ofvotcs, the Divisional ReturningOfficer shall decide by his cafting ,ate which shaJj beelected, but except as pro>ided in tbis sub-section heshall not vote aI. the election

(l0) An absolute majolity of yates means a greater number thanone-half of the whole number of ballot-papers otherthan informal ballot-papers The casting vote of the

, Divisionallletnrning Officer shall be included in reckon­iug an absolute majority of votes

137,-(1) At any time before the declaration of the result ofa Senate election the Commonwealth Electoral Officer for the Stat<lmay, if he thinks fit, on the written request of any candidate settingforth the Ieasons for the request, or of 'his own motion, dilect are-count of the ballot_papers from any Division 01 portion of aDivision, or of the ballot-papels contained in any parcel

(2,) If the Commonwealth Electoral Officertor the State ,efuses,on the lequest of a candidate, to direct a re-count of any ballot­papers, the candidate may, in writing, appeal to the ChiefElectoral Officer to direct a re-,count of those ballot-papers, andthe Chief medora! Officer may, as he thinks fit, either direct are-count of the hallot-papels or refuse to dircct are-count

138 At any time before the declaration of the result of a House'of Representati,es election the Divisional lleturning Officer may,if he thinks fit, on the request of any candidate setting forth theIeasons for the request, or cif his own motion, and shall, if S<fdilected by the Chief Electoral Officer or the Commonwealth'EleetoIllI Officer for the State, re..count the ballot-papers contained>

in any par eel139 The <ffficer condncting a Ie-count shall have the same."

powers as if the rc-couut were the scrutiny, and may reyerse any.de.cision iu relation to the scrntiny as to the allowance and admis-"sio,:\ or disallowance and rcjection of any ballot-papcr

140,-(1..) The officer conducting a re-count may, and at thereqnestof any scrutineer shall, reselVe any ballot-paper for thedecision of the C<fmmonwealth Electoral Officer for the State .••

(2.. ) The Oommonwealth ElectOlal Officel for the Stat.e shalldecide whether any ballot-papeI, reserved for his decision in purSU~1ance of this section, is to be allowed and admitted or disallowed and

rejected

1"10,27

POW!"IS ofofilcerconductingIe-count

Reservationof disputedl).'lll,ot-papCIl!

Rc..oount atHouse ofReprcsentaUvclIelectlons.

98

PARr XVI-LIMITATION OF ELECtORAL EXPENSES

145 No electolal expense sl.Iall be incuned or authorizcdcandidate in respect of any candidatUle-

(a) in a Senate election, in excess of Two hundled and

pounds; . election, in excess of(b) in a House of RepresentatIveshundred pounds"

101

ElectoraleXpilnses

Expensosallowed

Expondlture onbehalf Of acandidate.

Employmentof paidcanvassers orcommitteemenprohibIted

Gifts byoandldate

Returns ofcandidates'e,xpenses,

No., 27"

III addition to any othel penalty pIO-

Oommonwealth ElectlY1'aJ.,191{;

150.,-(1 ) Any person who, having aunouuced himself withinfhIee months before the day of election as a caudidate for electionto the Parliameut, shall before the poll fOI the election is closedoffer promise or give directly or iudireetly to or fOI any club 01'

otheI association, any gift, donation, 01 prize, shall be guilty of anoffence this section

Fhe pounds,by

(2..) No proceedings shall be taken for: a contlavention of thissection except within three months after the act complained of

146. No electoral expense shall be incUlIed 01 authorizedexcept in Iespect of the following matters :_

(i) Printing, adveltising, publishing, issuing, and distributingaddresses by the canditlate and notices of meetings:

(ii) Stationely, messages, postages, and teleglams:(iii) Committee rooms:(iv) Public meetings and halls thelefoI:(v) SClUtine!"s"

147 "Electoral expense" includes all expenses inC1lIIed by 01'

on behalf ot in the interests of any candidate at 01 in connexionwith any election, excepting only the purchasing of electoral rolls,and the personal and reasonable living and travelling expenses ofthe candidate

148 Any person incuning 01 autholizing any electolal expeuseon behalf of a candidate withont the written authority of thecandidate shall be guilty of a contraveution of this Act..

149.~(L) A candidate or a person acting on behalfof; 01 in theinterests of, a candidate, shall not employ, for Ieward, any person,as canvaSSeI 01 commit-teeman 01 in any capacity in connexionwith an election, nnless the expense incurred could be lawfullyincUlred by the caudidate nndeI this Palt of this Act"

Penalty: One hundred pounds,(2) "Heward" in this section includes any payment or pro­

mise of payment dilect 01 indirect to the person employed or to the,Wife 01 husbaud or any relative of that pel SOu

15L-(L) Within eight weeks after the Iesult of any electionbeen declaled, evely candidate at the election shall sign and

befole a Justice of the Peace aud file with the Common­,W"Mi[!1 Electoral Officer for the State a true return of his electorale':pe:ose,s, showiug~-

(a) all electoral expenses paid:(b) all disputed and unpaid claims for electoral expelises"

The I'etur n shall be in accordance with FOI m G in the:-,v,""UU'" and shall be aecompanied by a receipted bill of particu­

vouching each payment of Two pounds Or more

Commonwea•.th Electoral.

(2) Where the Divisional Retnrning OfficeI- ")' t· fi d that certain abs.eut votels' ballot-l?apers" Issu~d

(a IS S~tlSso':ne Iemote polling l.'lace, in conneXIOn WIt; th:election oannot reach hIm for the purpos~ 0 hscrutiny without unduly delaying the decial abon of t e

poll or " t' thb t' mplete his inquiries mto the facts set ou In he

( ) cand~cl~~ations received by him in pUlsuance of t.eIovisions of section one hundred and twenty:one of thIS

~ct, without unduly delaying the deciaiatron of the

poll and d d thos(c) in ~~~l~tr~~~;r~cS~,~\t~~tt~~~s;~f/Z~~~t'~~~Ireesu~:Ofth:

election, ' Offi. b' t to the concunence of the Chief Electo~al , cel"

he may, su)ec It f the election and return the WIlt wIthoutdeclar.e thteh Iesu . °t of the absent votels' ballotrpapeiS 01 tbeawaltmg e Iecelp bcompletion of inquiries, as the case may e

143 Any delay errol' or omission in the p~inting, prepalation,

issue, t;ansmission,' 01 return o~;::rdte~l,I:~~~ve~allro:~f;fi~~~\~dceltifi;ed list of votels,. may b~if'u the' matteI dealt with, andsupplred by pro,clamatlon tspe~e~ofiowed and such COUlse shallproviding for tne COUlse 0 ,

be valid and sufficient"

144 Within twenty days befole 01 afteI th~ day appointed !~t /-If th son oausina the wlit to be Issued may pIOVI e"

any e ec I~n e pe~ f holdin ,the election or for returning the.for. extendmg. the tlm~.ffi~ult w~ch might othelwise interfere with ','r~~td~~ :~~t;:~t:Je ele(tion~ and any provisions so made shall b~ ••••valid and sufficient: .

Provided that·- .ublic notice shall be immediately given In the State or

(a) p D'" fOl which the election is to be held of any,. rtVrSIo-nn of the time fOI holding the election; and .••• "

ex ensIO h' f t(b) no polling day shall be postponed under t IS .sec lOll; a. a1?time later than seven days befole the tIme ongma y,

appointed

No 27

Extension" oftime

Rates ofcxpendlture

Correction oferrors

\,

103

RDturn bynewspaperproprietors

No. ,27.Oornmonwealth ElecttYrid.

(8,,) The Chief ElectOlal Officer may b "nt'" ".' .the plescribed form require 'the President) 01 °C~~irl:'a:ntlUl III

Secretary or oth" officel' of any tl'ades union r ,an theunregrstered, organization, association leao"ue or bod/~7teled "or?! anY,PfiedIS?n, withitt snch time, not being le~s than one m~enrtshonas,rs specr e III the notice to k t ' "s

t' f' ' ma e a re urn m accordance with th'

sec IOn, 0 any mottey expended 0 ' ' rsh' h t "" ' " I expense IIIculIed III respect ofw IC a, Ie mn IS reqmred to be made undel snb-section (1ssub-stectlon (2) of this section, and the President or Chairm ) oJ

ecre alY or other officer or pelson wh" 0"1 an ancom1j~y wiJh the notice" shall be guilty of ~n ~ffc:~:~;~:d fi~~~:~ot~~::;ap~0~ r~~~~~~:e%i~::i~u~~~~f,ruudS,or to imprisottment fOl

to tl~~\~vYFetUlbn filed in pmsn"an.ce,of tl.,is section shall, snbjectbU a IOns, e open to pubhc mspectlOn"", '

153,,-(1,,)Th "t"" ''n the C " ~ IPhopne or ,or pnbhsher of a newspaper pnblished~r cans~~~~~:et t shall, III aC,cordance with this section, make

tt' ~ e a, retnrn settmg out the amount of electo " I~~pe~;rt r~f c:hi~hlO~ WIth anY,elect,ion inserted in his newspaper'fnbysnch electoral pnIaft:~t ~ae' ~:U~~r~~ ~~made, the s~ace oc~npicd~}~~tttresrct o~suche!.~etoralmatter and ~~~lm~:~n~~ddl,~~s~~'ciatio~~I\ee: .UnIOnSle~lsteIedor unregi~teled, organizations, asso­insertio~ the~:a~' bodres of persons, or pelsons anthollzing the

Penalty (~n pro~rietor): One hundred pounds.9"t,'o],'). I,n t.hrs sectron "el~ctoral matteT" inclndes advertisements,

,of the and other matter Intended or calculated to affect the rcsnlt

", (3) Where an Iff th Sthe Honse of Repr:s:~;~t~ve~'takee elnate and a general election forticulars as legards both elections m~ya~: 7~cfh~ dsa!"e day, the par-

(4) Tit h II ' u e lU one leturn

'd' Ie reo urn sa' be III accordance with the ple "b d f~n s!.mU be srg!led by the perSOtt making it, andshallc~~ ~ecl~rr~d~o~~~:lt~ ~t;~~~~~ayf()iffie Petc\~ndS shall, be fi!.ed with the Cam-

p bl' h d 'h' cer or e tate m whICh the newspapelbee:d~~la~e;rt In twelve weeks'afte! the result of the election has

to t~~)r~g~1~r retnrbn made in pIlIs,ua,nce of this section shall, snbjectIOns, e open to pnbhc Inspection, '

PARr XVII.-ELEOTOItAL OF>'ENOES,

elec~i~;s t~~ f~l;~~i~~ea~~~ aCr~eh~;1b;,O~,~~lLte~t::1;~~afi~~~~~f 01f,.",~!) .Brcach or n~glcc~ of official duty ;

(11) IUegalplactlccs, rneluding-(a ) bribery ;(IJ)undue influence;

(iii) electoral offences

1918'.Covlmonwealth Electoral,No 27.

(3) The return and the receipted biUs of particulars shall beretained by the Commonwealth Electoral Officer fOI the State, and

, shaU be open to public inspection dm ing oldir,ary office hour s onpayment of the prescribed' fee, for a period of six months from thedate of polling at the election

152,--(1) EVelY trades union registered or untegistered, orgau­ization, association, league, or body of pmsolls which has,oI'pel son who has, iu connexion with any electiou, expended anymoney or incmred any expense-',

(a) on behalf of, or in the interests of, any candidate, or(b) ou behalf of, or in the interests of, auy political party,

shall in accordance with this section make a retUln of the moneySO expended or expense so incUIled

(2) lDvety trades union registered or Ulucgistered, organization,association, league, or body of persons which has, and every personwho has, in connexion with auy election, expended any money or'incuned any expense in printing publishing or issuing electoraladvertisements or notices, 01 procuring the insertion in anynewspaper of any advertisement article or report or matter intendedor calculated to afleet the result of the election, shall iu accordancewith this section make a return of the money so expended or'

expense so incnI'l cd" .(3,) '1'he return shall be in accordance with the prescribed form,

and shaU be signcd and declared to before a Justice of the Peace bythePresident or Chairman and the Secretary or other officer of thetrades union registered 01 unregistered, organization, ass9ciation,leagne, or body of persons, or by the pel son concerned, and shallcontain pa,ticn],),s of the mottey expended 01 expense incUlred, "and shall be filed with the Commonwealth Electoral Offieel for theState in which the election took place withitt ilwelve weeks after theresult of the election has been declared

(4,,) If any trades union registered or umegistered, Olganization,,,association, lengue, or body of persons satisfies the Chief Electoral,Officer that it has in eonnexion with an) politi"al campaign'expended money or incmred expense on behalf of or itt the interestsof a political party in all the States 01 in mOle than one State, he .may permit it to file with him in lien of any other retnrn nnder:"this section a retmn of the whole of the money expended or expense"incuned by it in the campaign. ,',::;

(5",,) If any trades nnion registered or unregistered, organization,association, league, or body of persons fails to comply with this>section, c,ely pelson, who was an officer tbereof at the time themoney was expended or expense incUIred shall be liable topenalty of Fifty pounds

(0,,) If any person fails to comply with this section he shallliable to a penalty of Fifty ponnds,

(i ,,) Any person who wilfully makes att untlne statement in anyretum under this section shall be liable to a penalty of One hundredpounds or to imprisonment for six months

lliltmn ofexpenses bypoUtlcalorganlz.'\tton~"

102

l1ndu(ilnflu(:Jl(;(

105~o,.27Oommonwealth Elect<n'a!,1918.

(b) uses, causes, inflicts, or procures any violence, punishment,damage, loss, or disadvantage for or on account of anysuch candidatme, withdrawal, vote, omission, snpport,or opposrtron,

shall be guilty of undue influence

159 Without limiting the effects of the genelal words iu the D'finitlon;

:p~'ecedlng ~ectlOn, "undue influence" includes every interference OIattempted mtetfereuce with the free exercise of the franchise of anyvoter

, 160 No declaration of public policy 01 plomise of public actiou Excoptlon

shall be deemed bribelY or undue influence.

16L In addition to bI iber y and undue influence the following rn"., p"'et,...shall he illegal plactices :-

(a) Any publication of any electoral advertisement handbill orpamphlet or any issue of any electoral notice (other thanthe anuouncement by advertisement in a newspapeI ofthe holding of a meeting) without atthe end thereof thename and addless of the person authorizina the same:

(b) Printing 01 publishing auy printed electolal :dveltisementhaudbill or pamphlet (other than an advertisement ina newspaper) :vitho~t the name and place of business ofthe pIlnteI bemg puuted at the foot of it :

(c) Any contlavention by a caudidateof the plovisions of PartXVI of this Act relating to the limitation of electoralexpenses: .

(d) Printing, pnblishing, or distributing any electolal adver­tisement, notrce, haudbill, pamphlet, or card containinga!'ly representatiou of a ballot-paper or any representa­tIOn. appal ently mteuded to iepre~ent a ballot-paper, andh,,:vmg the~eou any dnectIOns mtended 01 likely tomIslead or Improp~rly mterfele WIth any elector in or inrelat.ron to the castmg of his vote:

(e) Prin~iug, publishing, or distributing any electoral adver­tIsement, notlee, handbill, pamphlet, or card containinganl uutr ue .or mCOIIeC~ statement illtended or likely tomIslead 01 rmpIOpetly mterfele with any elector in or inrelation to the casting of his vote:

Provided that nothing in palagraphs (d) and (e) of this sectionshall pleve,;t t~e printing? pUblishi?g, ?r dishi.buting of any card,not otherWIse Illegal, whICh contarns mstructrons how to vote for:>ny particnla.l caudidate, so long as those. instructions are notmtended or lrkely to mislead an v elector in or in relation to thecasting of' his vote. '

162. Any illegal practice shall be punishable as follows :- l'un~hm,nt

(a) Bribery 01 nndue influence, h, a penalty not exceediug Twohundled pounds, or by implisonment not exceeding, oneye~r ;

1918,Commonwealtll Electoral.

155 "Breach or ncglect of official duty " includes~(i) any attempt by any officer to !nflue!we the vote of any

elector, or, except hy recordrng hrs vote, the result ofany election; . '

(ii) the disclosure of any knowledge officrally acquued by anyofficer or scrutineer tonching the vote of a~y elector;

(iii) any neglect or refnsal by any. officeI t? dlscbarge anyofficial duty, or obsel.ve ~ny dueetIOn Issued by lawfnlauthority, ltnd au) VIOlatIOn bi any officer of any pIO-vision of tbis Act; .

(iv) any wilful mi~feasance, 01 wilful or, grossly negh!l~nt actof commiSSIOn or omISSIOn contmry to the prOVISIOns ofthis Act or the regulations thelennder

Breach or neglect of official duty is punishablenot exceeding Two hundred pounds, or by Imlp'ISUlllllel'exceeding one year.

156 Any person who-- . .(a) promises, or offers, 01 suggests any valuable consld:-ratIOn

ltdvantltge, recompense, reward,. or benefit ~or or onltccount of, or to induce any candrdltt~re, or WIthdrawal""of candidature, or any vote 01 OIDlSRlOll t<? .vote, 01 any,support of, or opposition to anJ: c.andrdate, or any,promise of any snch vote, omISSIOn, snpport, or ,"opposition; , . d t<

(b) gives or takes any valuable consldemtIOn, a van age, ."recompen~e, lewaI:d, or benefit for, or on ~cc?unt of, any;>sllch candidature, withdrawal, vote, omISSIon, snpport",or opposition, or promise thereof; or . , . '·f

(c) plomises, offers, or snggests any valuable consldeI:>tIOn"advantage, Iecompense, reward, or. benefit fOI bnbery,or gives or takes any valnable consld~mtIOu, advantage;,'Iecompense, reward, or benefit fOI bnbery,

shall be guilty of blibery

157 Without limiting the effect of the general words in thepreceding section, "bribery" particulally mc~udes the supply of.,meat, driuk, or enteltaiumeut afte! the .nomI~atIOns have b~eI\officially declared, or hOIEe or caIlIage hue fOI, any voter whr~tgoiug to or returning from the poll, WIth a VIeW to mflueuce t evote of an elector

158, Any person who- .' .(a) threatens, offels, or suggests auy vrolellce, rnJury,

ment, damage, loss, or disadvantage for 01. on fof, or to induce auy candidatme, ~' .wlthdmwal 0candidatme, OI any vote, 01' any Offilsslo,n to vote,o,any SUppOlt 01 opposition to au) candrdate, 0: .an~plomise of any vote, omission, SUpPOlt, or oppOSItIOn}.or

No :.!7

Bribery

Deflnltion

nreach orneglect byofficers,

104

(0) any other illega;] practice, by a.penaltynotexceedir:g O,:ehundredpouuds, or byimpr isonment n0t exceedmg SIXmonths.

I,I

IiI

lOi

Signature toElectoral paper

WIl;nessingeleetoral"papers

~1ak1ng minkson ballot··papers

.No 2,7.Commollwealtl, lElec:toral1918

168..-(L) A person shall nok--(a) s!gll h!s name as w!tness on any blank electoralpaper; or(b) srgn IllS name as wrtrNss on any electoral paper which has

been wholly or partly filled up nnless it has been sjanedby the per son intended to sign it ; or b

(0 sign his name as witness on any eledoral paper unless heh~s seen the, person, whose signatlne he purports to.WItness, SIgn It; or

(d) wllte on any electoral paper as his own name­(i) the name of anotheI person; aI'(ii) any name not being his own name

Penalty: Fifty ponllds ..(2) In this section the words. "electoral paper" inelude any

prescribed for m.

(2) Sub-section (L) of this sectio:, shall not affect the liabilityof any person to be. proceeded agaInst Il1 respect of any othel' offencebnt he shall not be liable to he pnnished twice in l'espect of thesame offence

(3.) In this section the words" electoral paper" inclnde anyprescribed form.

,167,-(1.) Every, electoral papeI which by this Act or the regn­latIons has to be srgncd by any pel san shall be signed by thatperson with his personal signatme

(2 .. ) ':Vhere a peI~on .who is nnable to sign his name in writingmakes hrs malk as hrs sIgnatnIe to an electoral papel', the. markshall be deemed to be, Ins personal signatme, if it is identifiable assneh, and' rs made.. m the presence of a witness who signs theelectoral paper as snch witn.ess :

~rovided that nothing in this section shall authorize any personto srgn any electoral paper by a mark or otherwise than in his' ownhandwriting in cas.es where th~ Act at the. re~~lations re(]}rire. himto srgn the electoral paper In hrs own handwntmg ..

(3,) A person shall not make the signature of any other personon an electoral paper .

Penalty: Fift" ponnds ..(4 .. ) Sub-section. (3.) of this section shall not affect the liability

of any pelson to be proceeded against for fOlgery, bnt so that heshall not be hable to be punished twice in respect of the sameoffence..

(5) In this s.ection the words "electoral papel" inclnde anypresclibed form.

169, JDxcept whele expresslyanthorized by this Act, " person~other than the elect.or to wbom. the. ballot"papej has heen lawfnllyJ.Ssued) shall. not make any ma~k or writing \)n the. ballot.paper ofanyelecto!

Penalty: Fifty ponnds.

19111Commonwealtl! .lEledonalNco 2'1.

Articles to beelgned"

H.od'n. to ,163..-(1.) The ploplietol of evelY newspaper s~all cause theelectoral adver- word" advertisement" to be ptin:ted as a headhn.e 111 letters nottlsemcnts . hsmaller than ten point 01 long p,imcl to each artIcleo,r parag:ra,P

in his newspaper containing elc.ctoral matter, the msertlOn of;"hlchis 01 is to .bepaid for or for whIch ,~ny r:eward or compensatIOn orpromise ofrewald'ol compensatIOn IS 01 IS to be made

Penalty: Fifty ponnds ,(2) The wOlds" electoral matter "inclnde all matter intended

or calcnlated to affect thc lesnlt of the electIOn, and any leport of. the speech of a candidate if the report is or is to be paid fOI

16.4..-(1 ) On and aftel the date of issne and before the lelmnof any wlit fOI the election of a Member of the Senate, or of theHonse of RepresentatiYes, 01 for the taking of any lef~rendnm vote,evc1'Y article, repolt, letter, Ot' other ~1atteI' <?~mmentln& upop anycandidate, Or political party, or the Issnes bemg snbmrtted to theelectors, pIinted and pnblished in any newspaper, ClIcnlar,p»mphltl, Or "dodge!" shall be signed by theanthol or anthors,o'ivino' hisOt their tIue name' and addrcs's or names and addresses atthe e~d 'of the said article, lepolt, letter, 01 other matter, 01 whelepar! o,!ly of the altic~e, report, letter ol;:natte: ~ppears many:issne of a newspaper, CII cnlal ,pamphlet, or dodger, at the end ofthat pal!

Penalty: Fifty ponnds,(2) Any ncwspaper editor Or proprietOI whopelmits, in any

newspaper which he edits OI ow ns, the pnblLCa~ron of any unsrgnedalti~le, Iepolt, letter, OI .0theI~atter c,ommentrnll: npon any candl-'date, or politicalpalty, 01 t.he rssnes berng submrtted to the el~ctorsafter the issue and befole the retl1l'n of allY wnt for the electron ofa member of the Senate,oIof the Honse of Representati~es,or fOIthe taking ·of a refelendum ,votc, shall be deemed gmlty of anoffence against this Act

Penalty: .Fifty pounds

c"d,'n polling 165..-(1.) A person shall not exhibit a; leaye in ":ny pollingoootb. booth any car d OJ papeI havmg thereon any drrectron or Instrnctron

as to how an eledtor shonld vote alas to the method of votmg ..

'Penalty: Twenty pounds(2.) "]his section. shall not "pply t~ any official instructions

exhibited by proper authontyat any polhng booth

~~::e,,:tf~;;" 166 --(1) A p,mo:, shall not make any nntrne sta~ement inany electoral papel', or In 'answer to'any questron nndel' thrs Act, orin any information .supplied to any officer or ?":rr;vaJssel' fOl theplUposes ofthepreparation, maintenance andrevrSIonof rolls.

Penalty: Twenty ponnds

Witness toapplicationlllustsatisfyhImself of trut,hof statements

F:dlure totransmitclaim

10iJ

Forging orutterJngelectoral papers

Emplo~'ers toallowemployeesleave of absencelio vote,

N{)" 27"

withontla.wfnl authority, proof P"lectJon 01the Officialmark.

Commonwealtlt Elector:al.19J8

176..-( l.) A peT son shall not,whereof shall lie upon him-

{a) make any official roo.rk on or in "any paper; .(b) ha"e in his possession any paper healing any ~fficial

IDmk;ol'.(t) make use of Or 1mve in his possession any instrument

capable of mal,ing on or in any pape, an official mark.. Penalty: One hundred ponnds,(2.. ) A person who, withont lawful anthority, proof whereof shall

lie upon him, makes on or.in any baBot-pape" -oJ on ·or in any·to be.a hallot-paper, an official maIl<., s.hall be

ha"e a forged ballot-pape" am!. shall he pllnishable

172. The polson witnessing any elaim for emolmentor tlansferof enrolment shall, before he affixes his signatmethereto,satisfyhimsclf; by jnquhy fr am the claimant 01 otherwise, that the state­ments contained in the claim a'e flUC nnless he knows that thestatements contained in the claim are trne.

Penalty: Fifty ponnds

173. A.ny pelson who 'accepts, for tlansmjssion to a RegistIm,the custody of a claim fa, enrolment 01 transfer of enrolmentshall forthwith transmit the elaim to the Hegistrar..

Penalty: Fifty pounds ..

174"-(1) .A. person shall not·--(et) forge any electoral pape" 0' .

(b) utte, any fOTged electo!alpapeI', knowjng it to be forged.Penalty: Imprisonment fOl two yem •..(2.. ) In. this section the words" electoralpapcT" include allY

prescribed fo,m

175 -(I) If an employe who is an ejecta! notifies hisemployer before the polling day that he desires leave of absence toenable him to vote at any .election, the employer shall, if theabsence desired is necessary to enahle the employ.e to Yote at theelection, allow him leaye of absence without any penalty 01

dispropOltionate deduction of pay for such !easonable period not.exceeding two hom sas js necessary to enable the enaploye to voteat the election.. .. (2) No employe shall undelpretence that he intends to vote at·the election, but withontthe bonafide intention ofdoing so, obtainlea,e of absence undeI this section.

(3..) This section shall not apply to any electOl whose absence)nay canse danger or s.nbstantial loss jn respect of the employmeutin which he is engaged

Penalty: Fhe pounds.

paper beaTing an official ma!k, and all instrumentscal,able of ma.king on or in pape, an official mark; made, used,oI' in

F 18672-7

ron;

Second Column _P~nlshm(mtllFirst Column _Offences

"Vi,Tagel ing on the Iesult of any election

" t'l t' g destloying 01 remov··Wilfully defacmg, mu 1 a III ',. t' ffi 'ed bying any notice, list, 01 ot-helh~ocumtlen't~ x

R ing Officer or by IS au 1011) ,K allY, e~~~aking any false statement i? any clall~,nowll~gt~ it letUln 01' declaration, 01 1U answer aapP.lca 10, , "Aa '1uestion under thIS ct, h d b'll 01. -., advertIsement, an" 1 , ,

Dlstnbutmg tLbl? h d 'n contravention of sectlOllpamphlet pu IS ~ 1 .,

one hundred ~!1d sIfxih:on~ct fOI which no othelAny contlaven~lOno. IS

punishment IS ptovided

-- . " llino day and on all days to171. Thefollp~mg ~cts aTe, on lh~bited at 'the entrance of at

which the po)ling 18 adJom.nc~nP!O ublie or private place withiuwithin a pollIng bootth, or Ifa p~li~O' booth, namely :-twenty feet ~f the en u,;nee a b

, '(a) Oanvassing ,for vot.es ; 01 •

(b) soliciting the vote of any eloc\or , o~ for an.y pa!Ucnla!(e) indncing. any electo! not a va e

candIdate; a! t th lection' or(d) indncing am elector not to vote a e e n omcial

h"b"t' ,,';'y notice 01' sign (other than a(e) ex 1 1 mg ~u •

relating to the electIOnPenalty: Twenty-five pounds

. b II t I ImpIisomri<.mt riot exceed..I • n to soc-ure a a 0 .. , .

Falseiy porsonatmg ::my pelSO. t enbtled, or I ing two years 'paper t~.whi~~;h6t.£::S~~~~~~~~In~he purpose of I

'''p~rs.<?na mg. . not exceed.voting· . ominatioll Impnsonment

Frauduletltly destroying or defacmg any n iug two yearsa" er 'or hallot·,paper h' 01 Imprisonment not exceed.

Fl~U~ulent1y.pl'lttingany ballot-paper 01 at or pap - ingsix months'into the ballot-box t of any Imprisonment not exceed·,

Fraudulently taking any ballot..paper au ing six Inonths, 'polling booth . f polling booth Penalty not exceedmg FIfty

Taking any ballot..papel out a any . pounds db f ed Imprisonment not excee ..

F·ol in 01 uttering, knowing the same to e Olg, ing two yearsa~y ~omination paper or b~llotlv.pel. ducting Penalty not ex:ceed~.ngFifty

Inh~~s~;1~~1~fi~it~notf:;l~~~ la~ur~~~,~~tiOUS of ~~:~~e~di~~P~~:o~~~~~the presiding officer , ImprisontnentuQt exceed··

Supplying ballot-papels without authonty ing six months, • 01 othel·· Imprisonment n.ot exceed"

Unlv.wfully destroying, taltmg, openmg'l t a ,crs ing six months. ," "te fering with bv.llot"boxes or bal a .p P n Ity not exceeding FIftyWIsemI. . -I -fon ....ena " t

Voting male than once at the same e ec I pounds, 01' Impnsonmennot exceeding threemonths . .

Penalt;y not exceeding FiftypoundS .

Penalty not exceedmg TwopoundS

Imprisonment not ~xceed ... ing two yeals

Penalty not exceeding Fiftypounds, or imprisonmentnot exceeding one month

PenaltY'not exceeding FiftyI poundS

. • Commonwealth ElectoralNo.2/., . d' 101 filst column ofthe table at

170 The matters mcntloue III ilicnces unishable as providedthe foot of this section are

feI~ct~rb\Z ~pposire the statement of the

in the second colnmn a e a

offellce Trible of EleIJtoral Offerwe8 ana pwnishme:nts.

Prohlbltion ofcanvtl.l!Slng nearpolling bOoths

ElectoralotreM1'8

l(jS

i>dumatlon ofcandidate

Offender maybe removC'dfrom pollingbOvth"

III1918 Commonwealth Electoral No.. 27.'

182 E,ery pelson shall b l' bl 'comr;ritted di1ectlyor indilectl' e I~ ,e for an illegal practice Llablllty fo.on hiS hehalf, and with his ]-no) blydhlmself, 01 b!' any other person 'ndl,cot ..'". .' \. Vi e ge 01 authoI'lty

P .'. ." . .'ARI XVIII-CoUEr OF DrSPUTED RETUR~S

D/V,szon 1 -D's t d D '183 ., ... , " pu eJ'.tectzons and Returns,-(l.) Ihe valrdrty of n 1 t'

putcd by petition addressed to ~hlCec IOn 0'. retnm may be diS->l,thod ofnot otherWIse.. ,OUI t of DIsputed Returns" and dtsl)~tlllg

(2,) The choice of a person to hold h .' . ,I"t"",,the Honses of Parliament f S t e place of a Senator bV'person to hold the place of ~ Sa tate or the appointment of annde~ sect!on fifteen of the don :~a~?1 by the Govemor ofa Stateel~ctlOn wrthin the meanin" o·fSth

l." IOnt ,sha.II be deemed to be an

" ,b ,IS sec Ion

184 -(1 ) Tbe High COUlt shall b 'Heturns, aud shall have jllIisdi t' ' Ie the COUlt of Dispnted rh, CO"" 01to refer it for trial to the Bn . c IOCelt ler to try the petition 0] D1'pntodelect~on was held or retum J~~e ourt of the State in which the Ret,,",

(,) Whm a petition has b . ' '. ' . ,Supreme Court of a State tl t ee~r so refened for tnal. to' thetry the petition, and shall i~ 1~~pe~tO~;\l~~all h~Ye jUlisdiction tothe powers and fnnct.ions ofthe C t f D,petrtron be and ha,e all". (3) The jmisdiction of the Hi~.j~ CO rspnted Retmns

of a State sitting as a Court of D~ tOrt or of the Supreme Comtof powers conferred by th' /spu € RetllIns. or in the exerciseJustice 01 ,Judge . rs sec IOn, may he cxerciscd by a single

185 Eyen petition l' . t' .,Part. of this Ac',t called tlreClSptl~t~ng Ian eleelr<ll\ or return' tl'. '. pe 1 1011 S wll- III lIS RequisItes of

() t I p"Utl""

a se r~~~;r~ ~e f,tets relied on to imalidate the election or

(b) contain a prayer askino' f r tl 'to be entitled to: bore rehef the petitione! claims

(e) be srgned by a candidate at th I ' , ,person who was qualified t e eteetllOn III drspute 01 by a

(d) be attested bv t ,0 vo c trer eat:

d.J wo WItnesses whose ' t'

n dr?sses ale stated: occupa 10118 and(e) be filed III the Principal Reo'istl of tI '

the District Reoist!)' otthai C ~e, HIgh Co~rt 01 inof the State in ,~hich the el "om III the e~p"tal cityda:ys afteI the r"tmn of the ,::,;~~u was ,held wrthlll fOltyon in support of the tOt' ]; or (If the facts relied

d t f hpe , ron me bleaches b" d'

a eo t e plO,i,ions of Pall. XVI f ,.) a can 1­

forty days after the filin" by tld~d thrs Act) Wltlllllof his electOlal expense; Ie can I ate of the ,elm n

186.. At the time of filin'. Ih ' 'tlevofdt with the Principal He!;st e pctrgonthe petitioner shall Dop",""

be) of the High Court th:a~u~~ of ~!}:ct Hegistrar (as the ~:,;~lty fo'costs ] y pounds as security

72

1918,Commrmwealth Elector al.

the possession of ,any person without lawfnl authOlity (proof where-,of shall lie upon him) shall be fOlfeited to the King, and maywithout warrant be seized by any member of the police force of theCommonwealth or of a Stale and destroyed or dealt with as pre-

smibed(4) Iu this sechon the words "official mad,': mean anypresclibed mal k to be phtccd 01 made on or in anj electoral paper,and include any mark so nearly resembling an official, mark as to

be likely to deceive177,,-(1.) Any pcrson who, at any public meeting to which this

section applies, acts in a disOIderly manner for the pnrpose ofpreventing the transaction of the business for which the meeting isheld shall be guilty of an offence against this Act.

Penalty: Five pounds. or imprisonment for one month(2,) This section applies to any 1awflll public political mceting

held in relation to any election of members of the, Parliamentbetween the date of the issue of tbe writ for the election and the

date of the rctnrn of the writ.

178 Auyofficer who, contrary to his duty, fails fo initialballot.paper, COllectly mark any certified list of ,otels, 01 pI,)pe,rlyattest any deClaration shall be, guilty of an offence,

Penalty: Ten pounds..

179 Any pelson who in any polling booth on polling daymisconducts himself, oI',fails to obey the lawful directions of thepresiding officer, shall be guilty of an offence and may be removed,from the polling booth by any constable or by any person authOl ized ,,',

by the presiding officer180 Any person who has been remo,ed from a polling booth by ,i

direction of the presiding officer under the authority of the precedingsection. and who re,.enters the polling booth witbout the permissionof the presiding officer, shall be guilty of a further electoraloff'ence",,,punishable on conviction by twice the penalty prescribed in the tablei;

for the original offence181,-(1) A person shall not make or' pnblish any false and;.

defamatory statement in relation to the persopal character ore

conduct of a candidate, "Penalty: Oue hundred pounds, Or imprisonment for six months:Provided always that it shall be a defence to a prosecntion for'<

an offence against this sub-section if the. defendant proves that hehad reasonable ground for believing and did in fact believe the:statement made or published by him to be tr ne " '

(2) Any person who makes a false and defamatory statenre~t'.in relation to the. personal character Or conduct of a. candidate.in contravention of this section may be leshainee] by injunction' at.the snit of the candidate aggrieved, from repeating the statement'or any similar false and defanmtory statement"

eNo 2;.

FurtllCIpl1ulshmcnt"

Nrglect toinitial ballot~paper" &c .

Dt~ordcrl~behavIour at1:lcetlng,

110

Voiding elecMonfor megalpracticeS.

113

Costs

Depositll.'PI,jicab10for costs"

Othelcosts,

191.:8.. Oommonwe<ilfh Electmal. No., 27.

(b) ou the glOnnd of ,any ille"'al ' 'corruption Or attempted bPr,ahctIce other tb'!'u bIibery or

'1 II er y or: corruptron'J:ln ess the Court is sat" fi "likely to be affected andIShed ,t~at, the result of the electiondeclared not to b~ dul: alt r~ rei Jnst that the candidate shoul;);sdeclared void" ' e ec e or: that the election, should b:

192 When the Court f D'person has committed an illo , rsput~d :ReturJIS finds that anor DIStIlct Registrar of tb Hegal ~ractrce, the PIincipal Reo" t ' Y ~ow:ttofinding to the Minister' e rgh Oomt ~baJl forthwitb repobIltS trh

alol'll'I~~~f"" ' e praotlce$"

193 The Comt sball be '" "df~ctni~~n"s?ience of each ca~:ll~~~~tt~: substantial mel its and Rcalju,ti"" towith th l\:"es, or :whether the evidence b l~rd, to, l~gal forms 01 boob",vo', '

e aw of evrdence or not, e or e rt IS rn accordance,

194, No election shall h "th~ declaration of nomina' e avorded ?n account of an dela 'WIlt, or" on account of th~°:S;~ the pollIng, or the retr[,,, of~~~ :~~~~~~"\osball not be p;oved to have if' endce 01 eIror of any officer whi h vitiato oleotio.

, a ecte the result of the el t" c195 All d " ec ron,

and without, ecrSlOns of the Court sball be fi 1appeal, and shall not be questr' d" ~a and conclusive Doo"ion. toOne III ,any wav be flnal,

196 Th • ,. ..

C,e Principal Reoistrar ,D"'"

ourt shall forthwith a,ft ."'th fi or rstrret Re"'istrar ofth H" 'hCieri f th er e hno' oith t't" e rg eopl.. of{o e House oi th'e P '1' '" e pe r rou for ward to the ",tltlona.'of the p t't' ar rament affected b th "'"of eomte 1 lOn, and aftel th t' 1 . Y e petition a to bo .,nt tofOlward to sucb Clk ' e lIn of the petition shall f th Ho"".._"to'

er a copy of tbe order of the Oomt or· ,

197..-(L) No part to tl " , .~~hfu~~ies, or by leave Yof tb~ 6~~;~0~:h~p\::~ef!}bY consent of eou~."", Dwu .Y counselor sohCltOI

. (2..) In no case sh 11appear On behalf 'f a more than one connsel or one 1"o any party, so rcrtol

t~e98pe'· t',~t'he Court m&y award costs,. ,IOn against an unsuccessful pal ty

~a~"e,If, costs ale awarded tot;~)all he, applicable i;r ;:!uFe~tt~t1hin~t tbe petitioner;e depOSIt sbaJl be repaid to the t't' e sum oIdered, butpe 1 lOnel

200.. All other ,costs awardedb th .,'~~~~~~Je",.~a~;bove the deposit payable L t e Court" rnc1uding any

C as rf the ordeI' of the Co ~ he petrtroner, shall beenr",O,pnrl, t of Australia, and such ord: w~:Eed Judgment of the

as a judgmental' the Hig'hCo r by the Corirt mayaccordingly ,ourt of Australia: and

HilS,;CommIJllwealtk Eleot01al.

No, 27..

187, No proceedings sh8:llbe haa on the petit,ion unless therequirements of the preceding sections M'e c<'>lllplied with

188 The Chief Electoral Officer shall he entitled by leave dfthe Court of Disputed Returns to enter an appearance in anyproceedings in which tlre validity of any election or retnm isdispnted, and to be r epreseuted and heard thereon, and in snch caseshall he deemed to be a party respondent to the petition

189,--(L) The 00nrt of Disputed Hetnrns shall sit as an openComt and its powers shall include the following :- '

(i) To adjourn: '(ii) To compel the attendance of witnesses and the productionofdocuments:

(iii) To examine witnesses on oath:(iv) To declare that ,my person who was retumed as elected

was not duly elected:(v) To ,deela:rcany candidate duly elected who was not retmned

as elected:(vi) To declare any election ahsolute1y void:(vii) To dismiss or uphold the petition in whole OI in paLl :

(viii) To award costs:(ix) To punish any contempt of its authol'ity by fine

imprisollment"(2,,) The Court may exercise all or any of its powers under this

section on such gronndsas the CaUl t in its discretion thinks

aud sufficient '(3) Without limiting the powers conferred by this section, ithereby declared that the power of the Court to declare thatperson who was returned as elected was not duly elected, ordeclare an election absolutely void, may he exercised ou the g1(111n,1

tlmt illegal practices were committed in' connmciOIl

election,190 'Ihe Comt shall inquire whether or not the petition is'

duly signed, and so far as Rolls and voting are concerned may,inquire into the identity of persons, \Ind whether their votes wereimprope:rly admitted or rejccted, assnming the Holl to be concc

t,"

but the Conrt shall rlOt inquile into the conectness of any Roll,

191 ..-(1) 1£ the Court of Disputed Returns finds that a,candidat& has committed ,or has attempted to commit hribery or,nndue inllnence, his election, if hc is a successfnl candidate, shal.

be declal cdvoid'(2..) No finding by' the Comt of Disputed Retmlls shall bal of,prejudice ac1Y prosecntion for any illegal pmctice

(3) The Court of Disputed Returns shall not declare that an 'person returned as elected was not duly elected, or declare an

election ,oid-(a) on the ground of any illegal practice committed by aJ:l

per son other: than the candidate and without his know:,ledge or authOlity; or "

Inquiries byCourt

Powersot ColUt

:No proceedingSunless .·reqUlBltescomplied with

Right of ChiefElectoralOfficer to berepresented

112

p"rties thereference

j:

I:

I II

! I

I,!

,

j

I

i'(

I

,ii: :

,'I

Ii

'I

I,,I;,I'iii j

Ili l

)',)

,I ;~

i",I :

115

In8tHu~ion of

!>foceediuw;or offences

Certlfl.cateevIdence"

Disqual!flcatlo:l.fot' brIbery orundue Influenco"

1918 Commonwealtlt Elec/mal" ,k2~

,206 On the hearino' ofAetthe Comt of Disput~d Ra~y reference. under this Part of thOs~~nhave the powers Gonfell edltns shall srt as an open Court a;J P,,,,,, ,f 00""nme of thrs Act so far' e y sectIOn one hundred and ei 'hthereto shan have power_as they are applicable, and in ad!Jti~;

(a) to declaie that any peO' M "rson was not qualified t b S

(b)r a ember' of the Honse ofRoe a enatol

to declme that any epresentatives .OJ of sittin" as !S~s~::r. was notMcapable ofbei~g chosenHepresentati,es ; and or 01 a embel of the House of

(e) to declare thatthele is a vacanc .House of Hepresentatives, y m the Senate or in the

207 After the hear in0' d d "nnd~r ,this Part of this A"bt an eter~rnation of any reference~egrstIm of the High Court sh~1f tritel).'al HegistIar or DistIiet ?...~~,,'"~b''''',o the House by which the qne f or lWlth fOlward to the Clerk ·'''''',dOlder 01 declaratiouof the'Cou~iOl~hD,,:s been referred a copy of the

o Isputed Hetmns,

208 1'he proVISIOns of s.' t'

honedhundred and ninety_five

ee~~~s honed Jlld,nclred and ninety-three

nn lod and ninety e' 'ht, t' un Ie and ninety-soY. ,~~~~~a~g~6~stwo hun,dled and tw; ;~~d a;ol hun~.'ed, two h.undred and oe:~ ~~don a ,delence to the Comt ~l~? art ~s applreable to proceedinas

Act, ,lSpue HetuIns under this Pa~t

PARr XIX M. ,,~.r ISCELLAN:EOUS

" 2?9 The Chief Electoral Offi, ,,"the GlOwn Lawanthorities so ad~f:~ sha~\ in every case where

any pelson committino any offe InS r n~e legal proceedings"Provid.ed that this seetio:' nee, agaInst this Act:~~rson to Institnte proceedinas .shan not affect the right of any

ct b In respect of any offence against this

On any prosecntion d h' ",Elec~oF~l Officer: 'Com~~o~~ t lrhAEt the c~r tificate of theOJ DnrSJOllal Retm nin& Offi ea t, <leetoral Officer for acertificate was duJy held ~e\hthat the election mentioned

ce,t.iiiea"" was a candidate at a~h ~t t!,C person named in thestated, e e eetlOn shan be evidence

21 L Any person who-(a) is convicted of hliber '0 .

. fbribdery or undue Intl:Jer::~~n~tr~~uelneet' or of attempted(b)rs onn by the COUl't f D' ' e ee Ion; or. ",' 0 rspnted I' tmrtted or attempted t .,e 1lI ns to, have c,Om,·

. tl 0 comm t b 'b1Il nence when a candidate 1. 11 eI,yor undue

a penod of two yeal s fi om the d 'lll"af"tble of being 'chosen or ofattetof the conviction or

ParJiament "Sl Ing as a Member of

1918,Commonuealtll Electoral

Division 2,,-Qualifications ani}, Vacancies

203 Any question respecting the qualification of a Senator01 of a Member of the Honse of Hcplesentatives 01 respecting avacancy in either House of the I'alliament may be referled byresolution to the Court of Disputed Hetmns by the House in whk.hthe question arises and thE Comt of Disputed Heturns shall there'-,upon ha,e Jurisdiction to hear and determine the question

204" 'When any qnestion is referred to the Court of Dispnted'Heturns nndel this Part of this Act, the President if the qnestionarises in the Senate, or the Speaker if the question arises in theHouse of Hepresentatives, shall tlansmit to the Court of Dis:puteqHetulllS a statement of the question uron which the determination,of the COUlt is clesired, together with any proceedings, papels,'reports, or' dOCnffif'nts relating to the question in the possession O!the House in which the question arises '

205 The Com t of Disputed Hetm ns may allow any person whOin the opinion ofthe Comt is interested in the determination of anyqnestion referred to it under this Part of tllis Ad to be heald on thhearing of the refelence, or may direct notice of the reference tob,~,served on any pelson, and any pelson so allowed to be heard or~~directed to be served' shall be deemed to be a party to thereference,

20L Effect shall be given to any decision of the Comt as

follows :-(i) It any person retulJled is declared not to have been duly

elected, he shall cease to be a Senator or Membe, ofthe House of Representatiyes :

(ii) If an} person not Ietmned is declaied to have been dulyelected, he may take his seat a"coldingly :

(iii) If any election is declared absolntely void a new electionshall be held

202.-(1) The ,Justices ofthe High COUll. or a m~joJityof themm"y make Rules of Comt not inconsistent with this Act for eallyingthis Part of this Act into effect and in particular 1'01 regulating thepractice and procedUJe of the COUI t the forms to be used and thefees to be paid by par ties

(2,) Every Rule of Comt made in pmsnance of this section shallbe laicl before theSenate and the House of Representatives withinfor ty day s next afl,er it is made it the Parliament is then sitting, 01if the P,uliament is not then sitting then within forty days after thenext meeting of the Parliament; and if an Address, is presented tothe Governor-Gonen,l by either Houseof the Parliament within thenext snbsequent forty sitting days of the House praying that anysnch'rule may be annulled the GOyernOl-GenClal may thereuponannul the same; and the ,ule so aimulled shall thencefort.h becomevoid and of nO cffect, but withont prejudice to the validity of anyproceedings which have in the meantime been taken nnder it

No,; 27"

President otSpeaker tostntl3 C.'VilC

Reference ofquestlon fill toquaUficatlonor vacancy

power·tomake RulCllof COurt,

EffC'Ctofdecision.

114

ii;

IiI"

Ii,,

',,'

it

;,"

Ii

I': !I., 'Iii •I.;'

117Omnmonwealth Eleetoral,

a918

(5.) In the last ill<llndes- }Jl'ece' ng sub-section "repealed fOl'l1l" in-

(a) a f~rm'preseribed under anIn force at the comm YAet repealed by this ~ct and

(b) a form prescribed b an e~,:ment.of this Act; and"and subsequentI!rep~.le~~latIOns made under this Act

218.. All baHot-papers cert" fi 1 .~lsed at or ill connexiou 'With 1 ec lists. of voters, and deolarationsf~:ySc:~~?'bundtil the eleetion ca~' :oel~;:~e shball be ~reselved as ~l~~~~?f

. e estroyed: b r e questIoned whenProVIded that such ballot .

~e('lalations h -paper s cc! t fi d I'~ s all be preserved f. ' . 1 e ISts of yotel's aud

the date of the declarwtion ~U1It~~lid of at least six m~nths

219.. The. GovelllO G I• 1- enera ill" 1. .:Sister.lt WIth this Act prescrib' ~ "y ma <e reg.ulations not inco _rCCjulled or permitted to b Inb all. matters WhICh by this A' n Ikgulation..-conve . t t e prescnbed 01 h' I c, are. . men 0 be presCIibedfo' ,.. ' ',W leI ale necessalV- orpartrcular_ I glvmg effect to thr.·s 'ct ·d·'

.~ ,an In(a) prescribr,'ng penalties u t .. .

o t . .0 exceedlll ()" r.rw d'c ? raventlon of auy regul t' b 0 youn s fO! any

b . tins Act; a. IOn made In pursuance of( ) prescribing the prooedtue in I . .

recovery of penalties fOI ke atlOn tOyle Imposition and,( ) th e~Iolment pr0visions of thi:nA~~ ~gaIl1st the compulsory

e e glonnds npOll which ' anelI~jected as informal. ' postal ballot-papers are to be

I•• --------------______________ II

- Ll~,' .....

1918.OW/,moltWealth Electoral..No,. 27.

212 Telegrams despatched after an election and containingthe names of Di,isions and Snbdivisions, the names of c.ndidates,the m,mber' of votes polled by each candidate, and the nnmber .ofinfonllal votes, may, subjeet to the regnlations, be transmitted onpayment of the rates prescribed in column two of the Second Partof the S.econd Schedule to the Post and Teleqmph Rates Act 190:4­1913, if the telegrams are transmitted within any State, Or incolumn fOUl of the said Part of the said' Schedule if the telegrams..ale hausmitted from one State to auy other State.

213 All electoral papers provided for by this Act m.y betransmitted through the post free of charge, subject to any postalregulations, aud all papers so trausmitted, if duly addressed, shall,ou proof of postiug, unless the coutrary be showu, be deemed tohave beeu duly served on aud received by the person to whomtheywere addressed on the day wheu in the ordiuary COUlse of post they' .should have beeu received at his address

214. In all cases where it is impr'acticable to communicate'any electoral m.ttei by post without occasioniug undue delay, anytelegraphic ad,ice commuuicated in the ordiuary comse shallsuffice for all the purposes of this Act as if the matter telegraphed'had beeu commuuicated iu manner pIovidedby this Act.

215. In any prosecntionin a court ofsummaly jurisdietion im'respect of a eontravention of the provisions of this Act or thO'. ,regulations relating to compulsory enrolment, instituted by an>officer or by any pcrson acting undel the direction of an officer"the avermcnts of the prosecutor contained in the inform.tim} or .complaiut shall be deemed to be proved in the absenee of evideneEito thc contrary ..

216 Where any person has secUled enrolment in pursuauce oK'i'­an eJedoral claim, or has made. claim for enrolment or transferotemolment and .ny proceedings alise iu any court of competent',inrisdiction. in respect of such claim for' enrolment or hansfbr of;emolment the eleetoI may be called npon to giyc evidenee upon oath>,0 the court as to the truth of the statements contained in the claim"for enrolment 01 transfer of enrolment. .

-:,: ','j.'

217-(1) Strict compliance with the forlUS in the Schedul,shall not be required, and substantial eompliauce therewith shallsnffice for the purposes of this Act . '. "

(2) The forms in the Schedule may, subject to the plo,isions otthis Act, be altered by the regulatious. . "

(3) The regnlations may prescribe combined forms containing,the .nbstance of any two or mote forms to the iutent that the'eombiued form may be used in liell of any of those forms '.

(1) 'I1Ie rei(ulations may permit the use of any repealed forlI\..for auy prescribed period, notwithstanding' tbat a uew form. h(been prescribed in liell of it, and without auy attestation ot"itnessing fmther than is provided for in the repealed form.

Defendant maybe called uponto give evidence

Electoral matterto be sent freeby post"

Electoral mattermay bo sent bytelegra.ph

Avcrroentsdeemed to beproved

116

FormB

Section 71

dfl-Y

19e\-ent of the

dayin the

the

OF AUSl;RAlIA

day ofpolling-places

the

consent to the abovedeclar'e that I am <-]tla,Iified nnder the

[Signature oj Candidate,,]

Oommonwealth Electoral.. . No .. 27 II0

COMMONWEALIJI

TilE SCilEDULE-'-'continu~d

FORM, B, S('c{.lon ~lJ,Writ for the Eledion o! a lJ1e71'l;oer oj t~ House 01 RepresentativC$

1918..

. ,', ~IS MAJESi'Y~,?-,:aE KING,,,

To Retuming Officer for the Electollil Division of (here insert nameojDivision] in theSta-tc of [here inSert name of State]GREETING

'We command.You that you cause election to betll~e' according tolaw of oneMemb~r of the :H~use of Rep.l'csentath-es 'for' the Electoral Dh'ision of [here ilUlertname of Divwion]" in t.he State of (llere ;,128e'rt nameofState], ~o sene in the Parliamentof om Commonwealtl~of Australia,· and. weapp()int the follOWing dates for, the'purposes'of the said election :~ ,

1 For nomination the2 For taking the poll at the difforent

election 'being contestedof 19.

:3 For the retmn of the writ on or beforeof 19,

:Witness[lter'e inser't the G01)e1nOT"Gene-ral~s title] at [he7e.irt8er't place] the .day of in the yeltr of our Lord One thousand nine hundred."<'tnd

SIgnature of Nominator Placo ofSubdivision for which enrolled NumbcronRollL1v1nq"_.

I

By His Excellenc.y's command,

FORM CCOMMON">VEALIB: Oll: AUSIRAtIA

State of [here insert name ofState]Nomination oj Senator

To the Commonwealth Electoml Officer for the State of [her'e i128ert naTne oj State],We, the undersigned Electors on the Electoral Roll fOi .the State of [here insert

name of State], and entitled to vote at the electioll of Senators for the said ~tate dohereby nominate [here in,~ert the christian name or names in full, surname: place oj'1'e.sidenC6. and occupation of the perSOn nominated] as a Senator for the St,ateof [hereinscr't name 'of State] to serve in the Senate of the Parliament of the Commc.nVtoalth.from and after the 'day of 19

Dated this day of 19

t clnomina.tion, and to act if elected andConstitution to be elected as a Senator

i~.~~:~'~~[~:f~~c~andidate'sconsent to the nomination and his declamtion 'ofmay be on a· sepamte paper and in any, form, but if given on thein the a..bove form their- sufficiency is not to be questioned.mllst be signed by not less than' six persons entitled t-o-vo.te

which t.he candidate is nominated,

1018.

OF AUS!RAI1,"'-,

FORM A

._-.

H~s MAJESIY THE KING.

• E 'to 1, Officer for thethe Commoll" calth lee rn

THE SCHEDULE

Writ lor the Election o[Senatorf'

O&mmonwealth Electoral

COMMO:::-;'WEALIR

By His Excellencis command

. 1 of [here insertGHEErD( I t' to be mooe accordlllg to aw the Senatet C[LUf';C e ee lOll 1 State] to sor\e III

"e command Jon Q St t~ of (he16 insert name 0 I' f Oln .tnd after [here in~ertS to '" for out' a ItI f Austra III 1 ,number] cn~ L f the CommOl1\voa 1 0 dn) of ,of the Parlmment 0 " or <l the dn) 0

"the date of theIr elec61r And we appomt the 0 be the day and time beto

19 , as the case may r9 attwelveodocknodo111t 't'onat>e to be made A. tdl" at and tOl the SUI e ee I 19 1 to

"hich nomiuatlOllR of Senet day of t f the "aid election bellVie ltppoint thl~ h the poll is to be taken inhthce\~~~n;ea1th ElectOIaI"Office~ athe da\ on W HC oint the office of t e ?1U" ~ the said electIOn ncontested And v.e app to be the place of nommatlOn a'i the ScnatOIs elected all[here insert name of t~~] 1 se on this OUI writ the names o!':aid State"'on or before thwe comlU~nd j?U tos~~ ~o om GO\f.~rnor In tUld over our 19 ' .to letuIll It so mdor day of

" tke Stafe issuing the writ]. I l' the Governor OJ

'

X;'"t .,,(kere insat the td 6 0 day of\ln~, "dSttethe

insert place] in dO~~thO\~<;Hnd nine hundled andyea! A out' Lor

To

[kelt insert name of State]

No 27.

SccUon 59"

118

,::'I!I i',

,I'

121

Section 104-

"'---~~==;::;;m

CommonweaitJ.Ji)beetfJlal,

TH>; SbHE"lJ1E--c<>ntinuedFORM E

BRADY, SAMUEL

CARTER, VVlhLIAM

DAVIS, CHARLES

JONES, HENIW,

KING, JAMES

SMITH, JOHN

WILLIAMS BENJ, AMIN (AUBURN')"

WILLIAMS, BENJA,\VUN t&rKlLD~),

1.918,

COJ',lMO.KWEA.X·~A.US'l\RAL!A,Ballot'pape7

State 'of :rh&r.e.inse7t-1U1liM·O/ 'Stat J, Election of [he'f"e . e· ,

Dlr-eCtio11.s -The I : " lW/e7t numbc1J Sen.ators_ " . e ectm 8h 'ld ',"" \ '," ," ",eross m the squal'e 0" ". ou malkhisYoteonth' .must vote fOI the fUI~0Sl~ t~e ,:name of :-M'cih-candida~rllot·h·paper by making a

urn el' of candidates to be ele t d. or w am he votes Hec,e ,C.I1!NDIDAIES

FORM F..Ballot'pape7, 'Se~tion 10:;,

S COl'.HofOXW}lAI NI Oir AUS'IRA

tat-e of [her-e inse7't name oj State] IrA"

Electoral Division f [1. 'Election of one M 0 h ter'e lnsert name of Diti'sion]

D' , .. em eroftheH f 't,he ;~':'~:8i':"'i~he electOI should mmk his ::secO Re~rescn:tativ.es"Yote~ as his first pr~~:l':qua~'e opposite the nam~ °of ~.k~ ballo.t-paper by placingcandrdates by placing thce • and must give contingent v tCan1ldate for whom hesquales opposite their e numbers 2, 3,4 (and so on a °th

Sor all the remaining

, names, so as to indicate the order S f 'h~ case requires), in the

OCANbIDAIES. 0 IS prefeI'cnce for them"

BROOKMAN, JOHN

I. I :JRANE, JOSEPH

[J FRENCH, CHARLESo KING, WILLIAM..o WILSON, HENRY.

191.S.

Number on 'RolL

19day of

THE SCllED'UI E--continuea"

FORM D

CommonweaUJ. EZeetoral,

,----,..-----------------------------Dated thiE

,,-------------_..._--_..------_._-

Signature of NominatoI l'laCe o[ Living" Subdivision fo~ whfub emoUed

I,. of consent to·the

nomination, and to act" if elected, and declare that I am qualified under~Constitution to b€' elected as a Member of the House of Reprcsentath'Os

COMMONWEAUJI OF AusrRALu..

State of [here i'Mert Mme of State]

Division of [kere insert mune of Division].

Nomination oj a M~ber' of the HuUS8 oJ Representatives,

To the Returning Officer fOI' the:El'ectoral Division of [kere insert '1tW'I1.eof .Divi8ion.l'

'Vel the undersigned -elector,.s on the Elec.tora.1 Ro11.£OI: the E.,leetolal, Division­:lI [h&t i'Mert name, oj Division], in the State of Ihere insert 'lUtme '?t-: State],undentitled to vote at the Eled-ion of a 1\ierober' of the House of Repr'esentatives forthe said Division,- do" hel'eby nominate [here insert ,the christian ~me or ,names i~full; ,surname, place oJ resiilence, and oC(;upaUcm o/person ,nomiw.atd] as a "Memberof the House of Repl'esentatiYes £01" the above"mentloned Division '

K"B.-'Ihe Candidate"~ consent to the nomin9.-ti0n and his decl:aw:tionqualifiea.ti:onmay' -be' 'on ascparate papel oand in anyjor~'but' if given onnomination papet in the above form, their' sufficiency is not,t0. be questioned",

.A nomination., must be signed. by not less than "six. pe11S0ns ~ntitl.ed- to.ut the election fOl which the candidate isnomil}at"Gl,.

Address-

[Signature oj Oanaidate 1

Ko 27,

SecUon n.

120

tt llle nallle,oocupation,and addt'css ofefl.Ch personwhosc claimis disputed,the ground ofthe claim, andits amountmust be set outsepl\mtely

123

•• Ihe name ofeach seruM,Dem', ~hC' nallleof the polling"plMe at \\ hichhe was

;~~~ec~ulllpaid to himmust be setoutseparatel\

No. 27

£ 8, d,

Justice of the Peace

[Signature oj Oandi.date,,]

day of 19

Oommonwealth Electoral

THE SCHlmur.E-continued,

Declar'ed and subsclibed befOl'e me this

CONTROL OF NAVAL WATERS.

Expenditure:.......:continued

(,5) ** Paid fm sClutincClS

No. 28 of 1918.

1.'otnJ

An Act relating toOontrol of Naval Waters.

[Assented to 27th November, 1918.Jit enacted by the King's Most Excellent Majesty, the Senate,and the House of Representatives Of the Commonwealth of

I\wltIa,lla, as follows :- .

This Act may be cited as the Contl0r qf Naval Wi;,tel S .1,t Sho,ttitl,

. n Illadditionto thcfol'egoing, Lam awaro of the following disputedan,1 unpaid daims" vir. :.-

And I do soleml}l) aild.J~incwely (Jeclarethat this return :is tIue in c"mSparticular, ,andthat,except as appears bythisretm'n, Ihave,n()t, and no person haswith my knowledge 01 authorit'J, p::tid any electoral expense incurred by me or onmy behalf or in my'inter'est at or in connexion with the said .election, or incurr'edan,) ,such expeilseOl a.,nJ liltbilit;y for any such expe!1se Or given or pl'Qmised n,nyrew'ard officc emrlo,ymcnt, Or valuable considerat~onon account or in I'espect of an,)'such expeilse '

1918,

d

, or

hel<1

£ 8

(in the State :0£19

Commonwealth Elect01ul

THE SCREDULE--<:ontinued

. FORM G

day of

CmHlO::"';'EALl'JI 'OF A..USIRAU,'\"

State of ..The Commonwealth Electoral-Act 191~

Retu'1'ri' of' Elflctoral Expenses

'd;d'a'te at the election o£a can 1 . '

(3) II Paid for comnlittee rOoms

. d halls therefor(4) ~ Paid for public meetlllgs an. .' .

ostagesarid' telegrams(Z) ~ Paid fOl' stationery, lllessages"P ",

., , ubli:;hing, issuing, a~ld dis:(1) t Paid for printing, ad.\,el:~n~~:_candidate,and notIces ot

tributing addresses by -meetings

1,*

. ," a,s the case l'equil'cs).., .. in the State of , . .

in the Electoral DnlSlOl1 of. I t aI exYV>,nses at the' electipn.:-

. f <>'myeecOl ,0J:'V ,

make the following return re"pe~ lUo "1' ' , .

Expenditure

on the t

No. 27

t rhe n nne anddescription,tud the na.tureorthcwOl'kdOllO byeMhpers.,n to",hOlll any}lM'lllcnt islllade must beset out~elmIatel)

§ Ihe nawO,occnpatiOJi,:lnd lvldress ofeach person towhOUl Iln) sumis pl\ldlmd the,'eason forwhIch it \Iaspaid to hl'mmust be setoutscparatdy,

\i rhe lla~C"occupatlon.andllddress ofeach pcr~oll toWhOll' an., Sunlis paid an,d thereason fOfwb ch it wallpfud t, himm\ll:lt be setoutscp(l.mte1y"

'\I'Ihe name,occupation,and address ofeach perGoDto w!ll\ffi an}sum is paidand thtlrenson forwhich it W(l.Spaid to hilulll\lst be setlutscparnt.ely

.• Ill%rrt, nll-lIleand address ofcandidate

t Insert dHy ~ipolling or IfnoOPllositiondnte ofnOllli.nation

•

SectiolllM