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The Licensing Act.—1908.
DECLARATION OF DETERMINATION OF ELECTORS.
“ The Licensing Act, 1908.” I hereby declare that on the
19 a poli of the electors of the Local Option District of
was taken pursuant 10 the above-mentioned Act, and that on taking such poll the determination arrived at was as follows: [Here state the resolution which was adopted, thus
1. That the number of licences be reduced ;
2. That the number of licences be not increased or reduced ;
3. That the Licensing Bench may, in their discretion, increase the number of
, Returning Officer,
“ The Licensing Act, 1908.”
Pursuant to the provisions of “ The Licensing Act, 1908," I hereby give you notice that, on the
19 a poll of the electors of the Local Option District of
was taken, and that the following resolution was
“The Licensing Act, 1908.”
of our Lord one thousand nine hundred and
of is ordered by the Licensing Bench for the Licensing District of
under “ The Licensing Act, 1908,” to pay to
(or as the case may be], or to be committed to Adelaide (or as the case may be] Gaol for the space of
Chairman of the said Licensing Bench.
Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.
THE ELECTORAL CODE, 1908
(No. 971 of 1908).
ARRANGEMENT OF SECTIONS.
1. Short title and commencement. 2. Repeal. 3. Application of Act. 4. Chapters. 5. Interpretation. 6. Constitution unaltered by Act.
CHAPTER I.-INTRODUCTORY. 7. Constitution of Parliament. 8. Legislative Council. 9. House of Assembly. 10. Council districts. 11. Assembly districts. 12. Names of Assembly districts. 13. Electoral divisions of Council districts. 14. Places of nomination. 15. Council electors. 16. Assembly electors. 17. Disqualifications. 18. Special disqualification in the Northern Ter 19. One registration. 20. Place of voting. 21. Where person deemed to reside. 22. One vote only. 23. Elections.
PART I.-ROLLS. 46. Polling-place or sub-district roll. Division and
district roll. 47. Northern Territory rolls. 48. Arrangement with Commonwealth. 49. Persons entitled to have their names on roll. 50. New rolls. 51. Existing rolls. 52. Form of rolls. 53. Rolls not to be questioned. 54. Arrangement of rolls. 55. Printing of rolls. 56. Supplemental rolls. 57. Rolls to be dated. 58. Officers to furnish information for preparation
of rolls. 59. Police to supply information. 60. Copies of rolls to be sent to returning officers. 6). Public inspection of rolls. 62. Further inspection. 63. Inspection of original rolls. 64. Rolls and documents not to be invalidated. 65. Misnomer or inaccurate description not to vitiate
CHAPTER II.-ADMINISTRATION. 24. Returning Officer for the State. 25. Deputy Returning Officer for the State. 26. Temporary appointments in case of incapacity. 27. Returning officers. 28. Assistant returning officers. 29. Deputy returning officers for ('ouncil districts. 30. Declaration to be made by officers before acting. 31. Returning officer or assistant not to resign
pending return of writ. 32. Notice of appointments. 33. Temporary assistants. 34. Temporary appointments in case of incapacity
of officer. 35. Disqualification for office. 36. Continuation of present officers. 37. Keeping of forms by officers. 38. Forms to be supplied to postmasters and others. 39. Notice of instructions as to procedure.
Part II.-CLAIMS, TRANSFERS, CHANGES, AND
ALTERATIONS OF ROLLS. 66. Addition of names. 67. Council claim and declaration. 68. Assembly claim. 69. Evidence in support of claim. 70. Registration. 71. Application to transfer to another division or
district roll. 72. Registration of transfer. 73. Change to another polling place or sub-district
roll 74. Receipts for claims and applications. 75. Alteration of rolls. 76. Returning officer to make inquiries as to claim
or application. 77. Time for altering rolls. 78. Alterations to be initialed. 79. Lists of marriages to be forwarded by Registrar
PART III.-REMOVAL OF NAMES FROM ROLLS. 80. Returning Officer of the State to require proof of
right to be on roll. 81. Notice of striking off. 82. Lists of deaths to be forwarded by Registrar
CHAPTER III.-SUB-DISTRICTS AND POLLING
PLACES. 40. Sub-districts. 41. Polling place in train in Northern Territory. 42. Polling-places. 43. Opening and closing of polling-places. 44. No alteration in polling-places after issue of writ,
except in case of emergency. 45. Change of electors from one roll to another in
case of change of boundaries.
Part IV.-APPEALS. 83. Appeal against rejection of claim, striking off,
or refusal to strike off. 84. Time for appeal.
85. Notice of hearing. 86. Returning officer may appear or send a statement. 87. Persons entitled to be heard. 88. Court to determine. 89. Returning officer to give effect to order. 90. Court to have powers of summary jurisdiction. 91. How notices may be sent.
Part I.—THE WRITS. 92. Issue of writs. 93. Dates to be fixed by writ. 94. Polling day. 95. Date of nomination. 96. Date of polling. 97. Issue and return of writs. 98. Nominations. 99. Writs, how directed. 100. Duty of returning officer on receipt of writ.
148. Spoilt ballot-pa pers. 149. Questions to persons wishing to vote. 150. Answers. 151. Answer conclusive. 152. Errors not to forfeit vote. 153. Adjournment of polling on account of riot. 154. Adjournment in other cases. 155. If poll adjourned presiding officer to lock and
seal outer lid of ballot-box. 156. Voting at adjourned polling. 157. Presiding officer to forward to returning officer
signed list of voters immediately after close of poll.
PART V.- THE SCRUTINY. 158. Scrutiny. 159. General provisions as to scrutiny. 160. Scrutiny of votes in Council elections. 161. Re-scrutiny at Council elections. 162. Scrutiny of votes in Assembly elections. 163. Re-scrutiny at Assembly elections. 164. Custody of ballot-papers after scrutiny.
PART VI.—THE RETURN OF THE WRITS. 165. Return of writ.. 166. Returns to be sent to Returning Officer for the
PART II.—THE NOMINATIONS. 101. Nominations. 102. Disqualification of Federal members for State
Parliament. 103. Mode of nomination. 104. Requisites for nomination. 105. Time and place for nominations. 106. Proceedings on nomination day. 107. Returning officer to notify Returning Officer for
State names of candidates nominated. 108. In case of death before poll or on polling day. 109. When poll interrupted by death, ballot-papers
destroyed. 110. Failure of election.
PART VII.-GENERAL. 167. Correction of errors. 168. Extension of time.
PART III.-- ABSENT VOTERS. 111. Absent voters and authorised witnesses, 112. Form of declaration and ballot-paper. 113. Directions for absent voting. 114. Ballot-paper to be received before close of poll. 115. Duty of authorised witness. 116. Evidence of voter's signature. 117. Evidence of date of voting. 118. Absent voters' papers to be placed in ballot-box. 119. Conduct of scrutiny. 120. Invalidity of declaration. 121. Rejected papers to be preserved. 122. Returning officer to decide. 123. Mistakes.
CHAPTER VI.-ELECTORAL EXPENDITURE. 169. Electoral expenses. 170. Rates of expenditure. 171. Expenses allowed. 172. Money provided to be paid to candidate. 173. Vouchers. 174. Returns. 175. Petition to Court of Disputed Returns on failure
to file return. 176. Publication and inspection of returns. 177. Candidate to prove that he has not incurred
illegal expense. 178. Electoral expenses not recoverable.
PART IV.-THE POLLING. 124. Polling. 125. Duties of returning officer. 126. Lists of voters. 127. Presiding officer. 128. Presiding officer may appoint substitute in
emergency. 129. No licensed premises to be used. 130. Certain kuildings to be used free. 131. Separate compartments. 132. Ballot-boxes. 133. Ballot-pa pers to be printed by Returning Officer
for the State and forwarded to returning
officers. 134. Ballot-papers. 135. Ballot-papers initialed. 136. Scrutineers. 137. Number of scrutineers. 138. Appointment, how made. 139. Persons present at polling. 140. The polling. 141. At what polling-place elector may vote. 142. Mode of voting. 143. Ballot-paper to be handed to elector. 144. Mode of voting. 145. Voters to be alone in compartment. 146. Ballot-papers not to be taken out of polling-booth. 147. Assistance to voters.
CHAPTER VII.--OFFENCES AND PENALTIES. 179. Offences and penalties. 180. Breach or neglect by officers. 181. Bribery. * 182. Definition of “bribery.” 183. Undue influence. 184. Definition of “ undue influence.” 185. Exception. 186. Illegal practice. 187. Punishment. 188. Disqualification of candidate. 189. Electoral offences, Table of, and penalties. 190. Witness to claim or application must satisfy him.
self of truth of statements. 191. Failure to transmit claim or application. 192. Penalty for officer's neglect to furnish information. 193. Penalty for not supplying officer with information. 194. Employers to allow employés leave of absence to
vote. 195. Expenditure on behalf of a candidate without
authority. 196. Contravention of the Act. 197. Offenders may be removed from polling-booth. 198. Liability for indirect acts. 199. Attempts. 200. Cross-examination of witnesses. Hostile wit
201. Certificate of returning officer evidence. 202. Hard labor may be awarded. 203. Indictable offences. 204. Other offences tried summarily. 205. Appeals. Special case.
CHAPTER VIII.—DISPUTED RETURNS. 206. The Court of Disputed Returns. 207. Constitution of court. 208. Election of members of court. 209. Vacancy. 210. Failure to elect.. 211. Records of court. 212. Meeting of court. 213. President of court. 214. Declaration by member. 215. Jurisdiction. 216. Powers of court. 217. Return only to be disputed by petition. 218. Petitions, Requisites of. 219. Time for referring petition to court. 220. Inquiries by court. 221. Avoiding election for illegal practices. 222. Court to report cases of illegal practices. 223. Substantial merits to be observed. 224. Immaterial errors not to vitiate election. 225. Limitation of sitting days. 226. Decisions to be final. 227. Minutes. 228. Deposit applicable for costs. 229. Other costs. 230. Effect of decision. 231. Power for Judges to make Rules of Court. To be
laid before Parliament.
SCHEDULES. First-Enactments repealed. Second-Districts, numbers of members, places of
nomination. Third-Legislative Council roll. Fourth-House of Assembly roll. Fifth-Legislative Council electoral claim and declara
tion. Sixth-House of Assembly electoral claim. Seventh-Notice of rejection of claim. Eighth--Application for transfer, change, alteration,
or correction. Ninth-Receipt for electoral paper. Tenth-Objection to a person's name being retained
on an electoral roll. Eleventh-Notice of objection to person objected to. Twelfth-Notice of striking name off roll. Thirteenth-Notice of determination of objection. Fourteenth-Notice of application to the Local Court, Fifteenth-Form of writ. Sixteenth-Legislative Council nomination-paper. Seventeenth-House of Assembly nomination-paper. Eighteenth--Absent voter's declaration and ballot
paper. Nineteenth-Ballot-paper. Twentieth-Declaration to be made by a voter beforo
voting at any polling-place other than that for
which he is registered or outside his sub-district. Twenty-first-Form of return of electoral expenses. Twenty-second-Fees to be paid to officers.
CHAPTER IX.-SUPPLEMENTARY. 232. Electoral matter may be telegraphed. 233. Power to amend schedules to Act. 234. No stamp duty on any declaration. 235. All moneys to be paid to Treasurer. 236. Scale of fees. 237. Mode of giving notices. 238. Voting machines. 239. Regulations. Disapproval by Parliament.