56 Vic. No. 7, 1892. Consolidated Act.—Amendment Acts. perform shall for every such offence forfeit and pay a sum not exceeding two hundred pounds. (2.) Every justice, presiding officer, or other officer or person, who wilfully neglects or refuses to perform any of the duties which by the provisions of this Act he is required to perform shall for every such offence forfeit and pay any sum not exceeding fifty pounds. PART VII.SUPPLEMENTAL PROVISIONS. or remit (3.) Such penalties may be recovered, with full costs of suit, by the Governor may first person who shall sue for the same, without collusion, within six mitigate months after the commission of the offence. Provided that the Governor penalty in Council may mitigate or wholly remit any such penalty or forfeiture. 121.* electoral 122. Every person who fobstructs or wilfully misleads the Principal Persons Electoral Registrar in the execution of his powers or duties, or who obstructing or wilfully wilfully misleads any electoral registrar in the compilation or prepara- misleading tion of any list, or who wilfully inserts or causes to be inserted therein registrar, &c., any false or fictitious name or qualification, shall on summary conviction liable to penalty. of any such offence be liable to a penalty not exceeding twenty pounds, or to be imprisoned for any period not exceeding three months. 123 to 125.* 126. (1.) All offences under this Act punishable on summary convic- Prosecution tion may be prosecuted before two justices. on summary conviction, and appeal to (2.) A person aggrieved by a conviction by justices for an offence District Court. under this Act may appeal to the District Court against such conviction. PART VIII. An Act to Amend "The Elections Act of 1885." [ASSENTED TO 4TH SEPTEMBER, 1886.] BE it enacted by the Queen's Most Excellent Majesty, by and with the advice 50 Vic. No. 3. THE ELECTIONS ACT OF 1885 AMENDMENT ACT OF 1886. and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:1. This Act may be cited as "The Elections Act of 1885 Amendment Act of 1886," Short title and and shall be read and construed with and as an amendment of "The Elections Act of 1885"§ (hereinafter called the Principal Act). 2 to 6.1 construction. An Act to further Amend The Elections Acts. 56 Vic. No. 7. [ASSENTED TO 9TH AUGUST, 1892.] THE ELECTIONS ACT OF 1892. BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Elections Act of 1892," and shall be read and Short titles. construed with and as an amendment of The Elections Act of 1885'§ (hereinafter * Sections 121, 123, 123A, 124, and 125 (stuffing ballot-box, misleading registrar, false claim, disturbing secrecy of ballot, unsealing parcel) repealed by "The Criminal Code Act, 1899 (63 Vic. No. 9), s. 3, and "The Criminal Code Correction of Errors Act of 1900" (64 Vie. No. 7), title Criminal Law. See now sections 111 et seq. of the Code. + Words from 'obstructs" to "who" added by section 11 of the Act of 1898. Part VIII. (temporary provisions) and Schedule of repealed Acts repealed by section 2 of the Act of 1897. § 49 Vic. No. 13, supra. Section 2 (with a consequential amendment) was embodied in section 20 of the Principal Act by section 26 and the Schedule of the Act of 1897. Section 3 (repealing section 30 of the Principal Act) was itself repealed by section 2 of the Act of 1897. Sections 4 and 5 (registration claims) repealed by section 2 of the Act of 1892; see now sections 30 and 30A of the Principal Act. Section 6 amended section 31 of the Principal Act. called the Principal Act), and The Elections Act of 1885 Amendment Act of 1886,' which Acts and this Act may together be cited as The Elections Acts, 1885 to 1892." 2 to 27.† 61 Vic. No. 26. An Act to Consolidate and Amend "The Elections Acts, 1885 to 1892." THE ELECTIONS ACT OF 1897. Preamble. Short title and construction. WH [ASSENTED TO 20TH DECEMBER, 1897.] HEREAS it is desirable to Consolidate and Amend and Extend the provisions of the Laws relating to Parliamentary Elections: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as 'The Elections Act of 1897," and shall be read and construed with and as an amendment of "The Elections Acts, 1885 to 1892," which Acts with this Act may together be cited as "The Elections Acts, 1885 to 1897." "The Elections Act of 1885 "‡ is hereinafter called the Principal Act. 2 to 26 and Schedule.§ *50 Vic. No. 3, supra. + Section 2 (repealing sections 4 and 5 of the Act of 1886) repealed by section 2 of the Act of 1897. Section 3, as amended, now section 30 of the Principal Act. Section 8, as amended, now section 30E of the Principal Act. Section 9 (oral application by claimant) repealed by section 12 of the Act of 1897. Section 10, as amended, now section 31A of the Principal Act. Section 11, as amended, embodied in section 14 of the Principal Act. Section 12. The first paragraph, as amended, is section 23 (1) of the Principal Act. The second paragraph merely directed that the first should be substituted for the corresponding paragraph of the Principal Act. Section 13, as amended, now last paragraph of section 20 of the Principal Act. Section 14, now section 21A of the Principal Act. Section 15, now section 26a of the Principal Act. Section 16, now section 43A of the Principal Act. Section 17. Directions given by this section embodied in section 27 of the Principal Act, since amended. Section 18 embodied in section 57 of the Principal Act. Section 19. Directions given by first paragraph embodied in section 71; second paragraph embodied in section 73; third and fourth paragraphs repealed by The Criminal Code Act, 1899" (63 Vic. No. 9), s. 3. Sections 20 to 27, now sections 78A to 78H, respectively, of the Principal Act. 49 Vic. No. 13, supra. § Section 2 amended section 1 of the Principal Act; repealed sections 3, 4, 110, Part VIII., and the Schedule of the Principal Act, section 3 of the Act of 1886, and section 2 of the Act of 1892; it substituted new forms for the forms in sections 16, 21, 27, and 33 of the Principal Act, with a proviso that such substitution should not be construed to disqualify any person whose name then appeared on any electoral roll so long as he continued to hold the qualification in respect of which his name appeared on the roll; it also amended section 37 of the Principal Act (since repealed). Section 3 amended section 5 of the Principal Act. Section 4 amended the repealed section 6 of the Principal Act, and amended sections 30, 30A, 30B, and 30c of the Principal Act. Section 5 abolished polling districts. Section 6 made provisions for bi-monthly instead of quarterly registration courts. Section 7 amended sections 14, 15, and 30E of the Principal Act. Sections 8 and 9 amended section 23 of the Principal Act. Section 10 amended sections 27 and 37 of the Principal Act. Section 11 amended sections 10, 11, and 12 of the Act of 1892. Section 12 repealed section 32 of the Principal Act, and section 9 of the Act of 1892; it amended sections 30 and 31 of the Principal Act. Section 13 enacted section 37A of the Principal Act. Section 14 amended sections 48 and 49 of the Principal Act. • Section 15 enacted section 49A of the Principal Act. Section 21 amended sections 40 and 63 of the Principal Act. Section 22 amended section 87 of the Principal Act. Sections 23 and 24 amended the repealed sections 95 and 96 of the Principal Act. Section 25 enacted the repealed section 123A of the Principal Act. Section 26 gave directions for the reprinting of the Consolidated Acts in accordance with the amendments of the Principal Act already made, and in the manner set forth in the Schedule. 62 VIC. No. 14, 1898. Amendment Acts 5 EDW. VII. No. 1, 1905. An Act to Amend "The Elections Acts, 1885 to 1897." [ASSENTED TO 21ST DECEMBER, 1898.] E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: BE 62 Vic. No. 14. THE ELECTIONS ACTS AMENDMENT ACT OF 1898. 1. This Act may be cited as "The Elections Acts Amendment Act of 1898," and Short title. shall be read and construed with and as an amendment of "The Elections Acts, 1885 to 1897"; and this Act and those Acts may together be cited as "The Elections Acts, 1885 to 1898." The Elections Act of 1885"* is hereinafter called the Principal Act. 2 to 12.t An Act to Amend "The Elections Acts, 1885 to 1898." BE 5 Edw. VII. No. 1. ACTS AMENDMENT ACT OF 1905. [ASSENTED TO 25TH JANUARY, 1905.] THE ELECTIONS OE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 66 1. This Act shall be read as one with "The Elections Acts, 1885 to 1898" (herein Short title and called the Consolidated Acts), and may be cited together with those Acts as The construction Elections Acts, 1885 to 1905," or separately as The Elections Acts Amendment Act of of Aot. 1905." 3. Parts II., III., and IV. of this Act shall not apply to the election of a new Operation of member to fill any vacancy occurring in the Assembly prior to the first day of Act. January, one thousand nine hundred and seven, unless the present Parliament is sooner dissolved. Save as aforesaid, this Act shall come into operation on and from the passing thereof. 4 to 11.+ PART IV.-TEMPORARY PROVISIONS. 12. As soon as may be after the passing of this Act, every electoral registrar Certain shall send by post to every elector enrolled for any qualification other than residence electors to for any District or division for which such electoral registrar is registrar. at the be required to address of such elector, so far as the registrar can ascertain it, a notice together with send in fresh the prescribed form of claim. Such notice shall be also accompanied by an envelope 14th July, 1905. having written or printed thereon the words "The Electoral Registrar for the District of at Such notice shall be in the following form or to the like effect:- and to You are required to fill up the enclosed form of claim so as to show your qualification as an elector on the ground of residence in the Electoral District of send it to me before the fourteenth day of July next. If you possess no qualification of residence for this District, but possess a qualification of residence for some other Electoral District, you are required to fill up the enclosed form so as to show your qualification of residence and send it to the electoral registrar for that District before the fourteenth day of July next. If you do not send the claim before that day, your name will be omitted from the new roll to be compiled under "The Elections Acts Amendment Act of 1905.' C.D., Electoral Registrar for the Electoral District of claims before 49 Vic. No. 13, supra. + Sections 2 to 8 and 10 and 11 amended the Principal Act as follows:-Section 2 amended section 5; section 3 amended section 10; section 4 amended section 11; section 5 amended sections 14, 19, and 34; section 6 amended sections 27, 30A, and 37; section 7 amended section 30E; section 8 amended section 87; section 10 amended section 118; and section 11 amended section 122. Section 9 (as to member of Local Authority who is returning officer) and section 12 (as to printing amendments) repealed by 8 Edw. VII. No. 18, s. 2. title Acts. Sections 4 to 11 amended the Principal Act as follows:-Section 4 amended section 5; section 5 amended section 10; section 6 amended section 11; section 7 amended section 44; section 8 amended section 7. Section 9 repealed sections 6 to 8, and substituted new sections, and amended sections 13, 14, 15, 16, 21, 23, 24, 27, 30, 30B, 30E, 33, 40, and 63; it repealed section 30A and substituted a new section; it enacted section 43. Section 10 enacted repealed sections 78K to 78P. Section 11 amended sections 47, 74, 82, 83. Amendment Acts. 8 EDW. VII. No. 5, 1908. Electoral list 13. Every electoral registrar shall in the months of July and August, one to be compiled. thousand nine hundred and five, compile an electoral list for the purposes of this Act in respect of every District or division for which he is registrar. He shall insert in that list the name and other particulars of every person Proceedings at Annual (a) Who is already enrolled for the qualification of residence; (b) Who has made a claim showing a qualification of residence; (c) Who is personally known to the electoral registrar to possess the necessary qualification of residence; and (d) Whose qualification of residence is proved by some other person, personally acquainted with the facts, by declaration under the "Oaths Act of 1867" delivered to the electoral registrar before the thirty-first day of July, one thousand nine hundred and five. The electoral registrar shall not insert any other names in such list. He shall write against the name of every person whose name is inserted in such list the letter E, C, K, or D, according as the name was inserted as that of an existing elector qualified by residence, or upon the receipt of a claim from the elector, or upon the personal knowledge of the electoral registrar, or upon the solemn declaration of another person, respectively. Except as by this Act is otherwise provided, the electoral registrar shall, in compiling such list, be guided by the provisions of Part III. of the Consolidated Acts. 14. Such list shall be revised at the Court for revising the annual lists held in the year one thousand nine hundred and five, and the Court may call for any claim or Revision Court. declaration received by the electoral registrar under this Act, and may examine the electoral registrar as to his knowledge of the qualification of any elector against whose name the letter K is set in the list. The chairman shall erase from such list the name of every person who does not appear to the Court to be entitled to vote. Except as herein otherwise provided, the Court shall be guided by the provisions of Part III. of the Consolidated Acts. Such lists when revised shall become the Electoral Rolls for the several Electoral Districts for all purposes except the election of a new member to fill any vacancy occurring in the Assembly during the continuance of the present Parliament, and before the first day of January, one thousand nine hundred and seven, and such rolls shall, from time to time as occasion requires, be added to, revised, and completed under the Consolidated Acts. But for the purposes of any such election as last aforesaid the existing rolls shall continue in force, and shall, from time to time as occasion requires, be added to, revised, and completed under the Consolidated Acts as amended by Part I. of this Act, until there is no longer any possibility of any such election as aforesaid taking place, when they shall be superseded by the Electoral Rolls compiled under this Act. From and after the completion of the new rolls under this section, and until the first day of January, one thousand nine hundred and seven, all claims made by persons on the ground of residence shall be taken to be claims to be enrolled not only on the existing rolls but also on the said new rolls, and shall be dealt with accordingly. S Edw. VII. THE ELECTIONS ACTS AMENDMENT ACT OF 1908. Short title and An Act to Amend "The Elections Acts, 1885 to 1905," in certain particulars. [ASSENTED TO 15TH APRIL, 1908.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act shall be read as one with "The Elections Acts, 1885 to 1905," herein called "the Consolidated Acts," and may be cited together with those Acts as "The Elections Acts, 1885 to 1908," or separately as "The Elections Acts Amendment Act of 1908." 2 to 14.* Sections 2 to 14 amended the Principal Act as follows:-Section 2 repealed section 29 and amended section 34; section 3 to 9 repealed sections 78K to 78T, and enacted sections 78K to 78q; section 10 amended sections 82 and 83; section 11 amended sections 5 and 57; section 12 amended section 79; section 13 amended section 81; section 14 amended section 120. Commonwealth Elections. 64 Vic. No. 25, 1900. COMMONWEALTH. THE PARLIAMENT OF THE COMMONWEALTH ELECTIONS THE OF THE COMMON An Act to provide for the Election for the State of Queens- 64 Vic. No. 25. land of Members of the Parliament of the Common- PARLIAMENT wealth, and to determine the Divisions of the State of Queensland for which Members of the said Parliament shall be chosen, and for other purposes.* [ASSENTED TO 28TH DECEMBER, 1900.] WHEREAS under the provisions of "The Commonwealth of Aus tralia Constitution Act" the electors of the State of Queensland are for the time being entitled to choose six members of the Senate and nine members of the House of Representatives of the Parliament of the Commonwealth: And whereas it is desirable to provide for the election of such members, and to determine the divisions of the State of Queensland for which members of the House of Representatives shall be chosen : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: WEALTH ELECTIONS ACT AND THE ELECTIONS ACTS 1885 TO 1898 AMENDMENT ACT OF 1900. Preamble. 1. This Act may be cited as The Parliament of the Commonwealth Short title. Elections Act and The Elections Acts 1885 to 1898 Amendment Act of 1900." of terms. 2. In this Act, unless the context otherwise requires, the following Interpretation terms have the meanings set against them respectively, that is to say:"Assembly "-The Legislative Assembly of Queensland; "Division "-A Division of the State of Queensland constituted under this Act; "Elector"-A person who is qualified and entitled to vote for the 3. For the purposes of the election of Senators the State of Queensland Queensland shall be one electorate. one electorate for Senators. 4. The writ for the election of Senators shall be directed by the Writ for Governor to the returning officer. A copy of the writ shall be published in the Gazette. Victoria, by the Grace of God of the United Kingdom of Great Britain To the Returning Officer for the Election of Senators for the State of Queensland- This Act was confirmed by the Colonial Acts Confirmation Act, 1901 (1 Edw. VII. c. 29), vol. Imperial Acts, title Constitution. +63 & 64 Vict. c. 12. See section 29 of that Act, vol. Imperial Acts, title Constitution. See also the Commonwealth Electoral Divisions Act 1902 (No. 19 of 1902), Part III., and the Electoral Divisions Act 1903 (No. 9 of 1903). See 51 Vic. No. 10 and 36 Vic. No. 9, repealed; see Historical Table. Index Volume. now "The Electoral Districts Act of 1910 1 Geo. V. No. 3), infra, this title. Senators. |