ELECTORS. 3. Repeal., 4. I nterpretation clause. Qland ss. 3, 92, 139 II-ADMINISTRATION 5. Principal Electoral Officcr and electoral registrars.
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1 761 ELECTIONS PRELIMINARY NOTE Parliamentarv Elections Electoral Dis'tricts Electoral Officers Electoral Rolls.. Nomination and Polling Scrutiny, Declaration of the Poll and Return of Writs Disputed Elections Local Government Elections and Prohibition Polls Electoral Offences [ 771 ELECTIONS ACTS, 1915 to 1962 [-PRELl MINAR Y 1. Division of Act. Qland s Short title. [b. s Repeal., 4. I nterpretation clause. Qland ss. 3, 92, 139 II-ADMINISTRATION 5. Principal Electoral Officcr and electoral registrars. Qland s Returning officers. Qland s Returning officers, etc., to make declaration. lb. s A. Assistants to returning officers and electoral registrars 777 7B. Electoral districts may be divided, etc. 8. Polling places 77'6 778 III-QUALlF[CA TIONS AND DISQUALIFICATIONS OF ELECTORS 9. Qualifications of electors 10. (Repealed) 779 loa. (Repealed) lob. (Repealed) 11. Disqualifications. Qland s IIA. Further disqualifications no lib. Principal Electoral Oftlcer may remove names from roll One adult, one vote. Qland s IV-ELECTORAL ROLLS 13. Electoral rolls. ComI1l. s. 27 no 14. Printing of rolls and supplemental rolls. lb. ss. 33, [ 15. Form of rolls. Qland s. 29. Comm. ss. 28, K2 16. Inspection. Comm. s Statistical of1iecrs to furnish information. Qland s. 12. Comm. s Arrangement with Commonwealth. Comm. s Persons entitled to have their names on roll. lb. s Addition of new names. Comm. s Claims for enrolment. lb. s Registration of claims. lb. s. 57 n4 23. Right to transfer. lb. ss [ n4 24. Change to another divisional roll. Comm. SS. 61 A, 61 B 7S4 25. Compulsory enrolment and transfer. lb. s. 61c ns 26. R,:gui:1tions as to compulsory enrolment. lb. 5S. 32.\, 61c ns 27. Alterations of rolls Time for altering rolls 7St) Time at which writs deemed to b..: i,sllcd 7W) 29. Alterations to be initialled. lb. s. 65 7K') 30. Registrar-Gcileral to lurnish list 789 ('cmale elector to send new claim for enrolment on marria'.!c 7Kl) Gaolers to notify convictions ~ 7S9
2 762 El.ECTIONS Vol. 4 Elections Acts, 1915 to 1962-continued 31. Names on roll may be objected to. Comm. ss. 67, Notice of objection. lb. ss. 70,71., 790 Action where objection by officer is bad 790 Answer to objection Determination of objection. Comm. s Appeal to court of petty sessions. lb. s Roll when to be conclusive roll. Qland s A. Vote by person not named as an elector on the roll n. (Repealed) V-NOMINATION, POLLING, AND CONDUCT OF ELECTIONS GENERALLY 36. Writs directed to returning officers. Qland s Day of general elections 38. Nomination and polling days to be publicly notified. 798 Qland s Qualification or a candidate Uncertificated insolvent incapable of being nominated or elected. lb. s. 66., 41. (1) How person may become candidate. lb. s (2)... (3) Nomination not to be avoided for mere informality 42. Certificate of returning officer. Qland s Copy of nomination paper to be posted up. lb. s Onlv one nomination. lb. s What to be done if more nominated than to be elected. 800 lb. s \Vithdrawal of consent to nomination Death of candidate. lb. s Destination of money paid on nomination. lb. s Booths to be provided. Qland s (1) Returning officer to provide presiding oil1cers. lb. s (2) Several polling booths at the same polling place (3) ~) (5) Absence of presiding officer not to invalidate election ~ Printing, supplying and distribution of ballot papers Proceedings at the poll. lb. s Scrutineers 54. Presiding ofl~ccr to provide ballot-box and papers. Qland 808 s Returning officer to provide ballot-room. lb. s (1) Questions to voters. (2) lb. S5. 79, (3) Consequences of answers Declaration against bribery. Qland s No other question or declaration necessary. lb. s Ballot-papers to be given to electors. lb. s Elector's name to be marked on roll. lb. s Mode of voting. Qland s Duty of presiding oil1eer where a claimant to vote appears 810 to have already done so A. (Repealed) 63. Compulsory voting When candidate elected (Repealed) 66. (Repealed) 67. (Repealed) 68. Ballot-paper not to be rejected for certain informalities Absent voters at outside polling places OHIO) (11) Evidence of voter's signature, etc. 820 (12) Case of uncontested election 70. Voting before polling day by electors who will be absent 820 on polling day. Comm. s (1)-(9) (10) By-election 824
3 Elections Acts, 1915 to 1962-continued ELECTIONS A. Voting before polling day on account of religious beliefs B. Assistance to incapacitated sectional voters other than postal voters (I) Postal voting in case of sickness. Qland ss. 93 to 107 (la) (2) Grant and form of certificate 826 (3) Certificate and postal ballot-paper 826 (4) Returning officer to keep record 827 (5) How vote recorded 827 (SA) (Repealed) (6) 828 (7) 828 (8) Returning officer to notify issue of certificate 828 Advice to presiding officers 828 Evidence of voter's signature (SA) (Repealed) 828 (8B) 828 (9) Examination and count of votes A. (Repealed) 7lB. (Repealed) 7lc. Electors who arc members of enclosed religious orders 830 n. (Repealed) na. When defective declaration, etc., not to invalidate vote Saving appeal to Elections Tribunal (I) For what causes ballot-paper to be rejected. Qland s (2) Ballot-paper when not to be rejected 75. Proceedings in case of riot or violence. Qland s Prohibition of canvassing, etc., near polling booth. Qland s Party emblems not to be worn in poiling booth. lb. s Power of presiding officer. lb. s VI-PUBLlC;\TlON OF RLSULTS AND RETURN OF WRITS OF ELECTION 79. (l) Assistant returning officer. lb. s (2) Duty of presiding officer of group 8.B 833 (3) Duty of assistant returning officer Presiding officer to seal and forward ballot-papers to returning officer Returning officer to examine and count votes at his polling: place and then seal up the same. Qland s Returning officer to open scaled parcels transmitted by presiding officers and COllnt the votes, after which each parcel to be rescaled. lb. s A. When scrutiny may proceed Declaration of poll. Oland s. III Ballot-papers to be delivered to the Clerk of the Assembly, Queensland Name of Dcrson elected to be endorsed on writ. lb. s. 113 ~ Election not to be questioned. lb. s Remedy for informalities in election proceedings. s.115 lb Expenses. Qland s Vll-SUPPLEMENTAL PROVISIONS 89. Actio;]s for liquor or refreshment supplied at elections not to be maintainable. lb. s Disorderly behaviour at meeting. lb. s. 127 K Political articles must be signed. Comm. s. 181 AA A. Penalty for getting or having unauthorized possession of ballot-papers, etc Prohibition of persons guilty of corrupt or illegal practices, etc., from voting. Qland ss. 123, Proof of writ of election facilitated. lb. s
4 764 ELECTIONS Vol. 4 Elections Acts, 1915 to continued 94. Evidence of election. lb. s Neglect of electoral registrar, etc. lb. s Comm. s Undue influence by public officers. Qland s (1) Penalty for neglect by returning officer, etc. lb. s. 135 (2) (3) Governor may mitigate or remit penalty 9S. Persons obstructing or wilfully misleading electoral registrar, etc., liable to penalty. lb. s Prosecution on summary conviction. lb. s Regulations 100A. Caption not to invalidate prescribed form 100B VIlI-ELECTlONS TRIBUNAL 101. (1) Constitution of Elections Tribunal. (2) General powers of Tribunal Qland s (3) Trial 845 (4) Power of Judge Chief Justice to notify name of EJections Judge to Speaker annually. Qland s Petition against sitting member or return of writ. lb. s Petition to be presented to Supreme Court. Qland s. 143 When to be presented Petition to be published and served on sitting member. lb. s Parties to petition. lb. s Deposit for costs of petition. lb. s los. (1) Place and time of trial. (2) lb. s (3) Notice of trial Adjournment of trial., Trial to be public Principles of trial. lb. s. 149 lb. s Powers in respect of affidavits Summons of witnesses. lb. s Elections Judge may summon and examine witnesses. lb. s Expenses of witnesses. Qland s Shorthand writer to attend trial of ejection petition. lb. 849 s Recrimination where petition for undue return. lb. s Judge to certify determination to Speaker. lb. s l1s. Appeal to Full Court. lb. s Special case. Qland s Question may be reserved for Full Court. lb. s Evidence of corrupt practices how received. lb. s Elections Judge to make report in case of corrupt practice, etc. lb. s Assembly to carry out report. Qland s Candidate found, on petition, guilty personally of corrupt practices. lb. s Candidate found, on petition, guilty by agents of corrupt practices. lb. s Connivance of candidate at illegal practice. lb. s Report exonerating candidate in certain cases of corrupt and illegal practice by agents. Qland s Power of Tribunal to except innocent act from being illegal practice, etc. lb. s Obligation of witness to answer, and certificate of indemnity. 852 Qland s Submission of report of Elections Tribunal to Attorney- General. lb. s Acceptance of office or prorogation not to stop petition. Qland s Withdrawal of petition and substitution of new petitioners. lb. s
5 ELECTIONS 765 Elections Acts, 1915 to 1962-continued 133. Judge to report to the Speaker circumstances of withdrawal. Qland s Abatement of petition. lb. s Admission in certain cases of voters to be respondents. lb. s Respondent not opposing not to appear as party or to sit. 854 Qland s General costs of petition. lb. s Rules of Court. Qland s RULES OF THE ELECTIONS TRIBUNAL of 1888 r. 1. Short title 857 r. 2. Interpretation r. 3. Documents to be filed 857 r. 4. Rules of Supreme Court to apply 857 r. 5. Election petition, how presented 857 r. 6. Contents of petition r. 7. Drawing petition costs 858 r. 8. Prayer of petition 858 r. 9. Form of petition 858 r. 10. Order for particulars 858 r. 11. Filing of order 858 r. 12. Service of list of votes objected to 858 r. 13. Service of list of objections to the elections 859 r. 14. Computation of time r. 15. Time expiring on a holiday r. 16. Address for service to be left in Registry with petition. Service by posting in Registry 859 r. 17. Address for service may be left by person returned as member. Service by posting in Registry 859 r. 18. Address book ~60 r. 19. Copy petition, etc., to be sent to returning officer and published. Cost of publication.. )'60 r. 20. Time for notice of presentation of petition 860 r. 21. Service of petition on respondent 860 r. 22. Service by posting in Registry 860 r. 23. Filing of affidavit of service r. 24. Payment into Court r. 25. Registrar's book showing payments into Court 860 r. 26. Claims against funds in Court how disposed of 861 r. 27. Return of moneys paid into Court 861 r.28. Application for return of moneys 861 r. 29. Funds in Court to whom paid out r. 30. Election list r. 31. Notice of time and place of trial how given 861 r. 32. Effect of posting notice of trial in Registry 861 r. 33. Form of notice of trial 861 r.34. Postponement of trial 861 r. 35. Formal adjournment of Court unnecessary 862 r. 36. Application to state special case 1162 r. 37. Title of Elections Tribunal R62 r. 38. Associate to act as registrar of Court 862 r. 39. Amount of witnesses' expenses to be certified 862 r. 40. Form of order for attendance of witness 862 r. 41. Form of warrant for contempt 862 r. 42. Warrant to whom directed 863 r.43. Interlocutory matters to be disposed of by Elections Judge 263 r. 44. Notice of application for leave to withdraw petition 863 r. 45. To be left in Registry R63 r. 46. To be served and published r. 47. Notice of application to be substituted as petitioner 864 r.48. Notice of time for hearing application 864 r. 49. Notice of abatement of petition. Time for application to be substituted as petitioner 864 r.50. Notice by person entitled to be a petitioner, if respondent dies 864
6 766 ELECTIONS Vol. 4 Rules of the Elections Tribunal-continued r. 51. Notice of respondent's failure to give notice of opposition to petition 864 r. 52. Notice of intention not to oppose petition 864 r. 53. To be sent to petitioner and returning off1cer X65 r. 54. Time for applying to be admitted as respondent S65 r. 55. Countermanding of notice of trial.. Kti5 r. 56. Taxation and recovery of costs. Office fees 865 r. 57. Formal objections not to defeat proceedings 865 ELECTORAL DISTRICTS ACT of 1958, 7 Eliz. 2 No. 65 I-PRELIMINARY 1. Short title ~ Parts of Act xc, 7 3. Present Parliament X(,7 4. Number of members of Legislative Assembly ti(,,, I[-REPRESENTATION BY ZONING 5. Zones S6S 6. Number of ciectoral districts in respective Zones.. XC,S 7. Distribution of Zones into electoral districts SI,l) Ill-FIRST DISTRIBUTION OF ELECTORAL DISTRICTS 8. Appointment of Commissioners sc,<) 9. Duty of Commissioners 86<) 10. Basis of distribution in the Metropolitan and Country ~6<) Zones 11. Basis of distribution in the Provincial Cities Zone.. S7ll 12. Matters to be considered in distributing Zones S71 IV-SUBSEQUENT REDISTRIBUTIONS OF ELECTORAL DISTRICTS 13. When subsequent redistributions may be made 14. Appointment of Commissioners 15. Duty of Commissioners 16. Fresh quotas 17. Existing Parliament X71 S72 ii V-GENERAL 18. Names of electoral districts 19. Notice of proposed distribution or redistribution 20. Objections 21. Report by Commission 22. Proclamation of electoral districts 23. Electoral rolls SCHEDULE 874 ~74 S7S X7S S I-The Metropolitan Zone S77 I I-The Provincial Cities Zone 877 I II-The Country Zone 878 SE~ATE ELECTIOI\'S ACT of 1960,9 Eliz. 2 1\' Short title S79 2. Repeal.. Hit) 3. Power to fix dates for election and place of nomination f,7') 4. Dates and places of nominations to be specified in the writ :'79 5. Time for nomination 87 l ) 6. Polling places.. X7') 7. Day of polling S7t) 8. Hours of polling S7t) 9. Power to extend time, etc. 07t)
7 ELECTIONS 767 REGULATIONS: Elections Act of 1915, 6 Geo. 5 No. 13 Gazettes: Jan.-June 1931, pp ; July-Dec. 1931, p. 783; Jan.-June 1932, pp. 1317, 1504; Jan.-June 1933, p. 1165; Jan. June 1935, pp. 1062, 1065, 1229; July-Dec. 1935, p. 66; Jan.-June 1938, p. 509; Jan.-June 1940, pp. 1279, 1365; July-Dec. 1940, pp. 1307, 1703; Jan.-June 1941, p. 194; July-Dec. 1941, pp. 402, 961; Jan.-June 1942, p. 467; July-Dec. 1942, p. 1830; July-Dec. 1943, pp. 1537, 1733; Jan.-June 1945, pp. 1219, 1227, 1326; July Dec. 1946, p. 1797; Jan.-June 1947, pp. 289,1695; July-Dec. 1948, p. 3172; Jan.-June 1949, p. 890; Jan.-June 1950, pp. 261, 1280; May-Aug. 1951, p. 618; Jan.-Apr. 1952, p. 1321; Sep.-Dec. 1952, pp. 1237, 1309; Sep.-Dec. 1955, p. 768; Sep.-Dec. 1956, p. 825; Jan.-Apr. 1958, p. 1933; Jan.-Apr. 1960, pp ; p. 1388; Jan.-Apr. 1963, pp RELATED LEGISLATION: Commonwealth elections-see Commonwealth Electoral Act l. Disqualification from voting or election, and voting offences- See- Criminal Code, ss , title CRIMINAL LAW, Vol. 3; Constitution Acts, 1867 to 1961, s. 6, title CONSTITUTION, Vol. 2, p. 751; Aliens Acts, 1867 to 1958, s. 12, title ALIENS, Vol. 1, p Jury lists prepared from electoral rolls-see Jury Acts, 1929 to 1958, ss. 12 (1), (5), 13, title JURIES. Liquor not sold in licensed premises and clubs in polling hours-see Liquor Acts, 1912 to 1961, ss. 69 (2), 121 (2), title LIQUOR. Prohibition Polls to which Elections Acts applicablc-see Liquor Acts, 1912 to 1961, s. 145, title LIQUOR. Telegraphic transmission of contents of writs of election-see Telegraphic Messages Act of 1872, ss. 4, 11, title EVIDENCE. Use of rolls for Brisbane City Council and town and shire councils See- City of Brisbane Acts, 1924 to 1960, s. 17 (3), title BRISBANE, Vol. 3, p. 38; Local Government Acts, 1936 to 1963, s. 7 (7), title LOCAL AUTHORITIES.
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