Electoral Regulations 1996

  • This version was replaced on 28 August 2017 to make corrections to regulations 4B, 18(2), 19(1) and (1)(b), 21(5)(a)(iv), 25(5), 26(3), 45(1)(b), (1)(b)(i), and (2), 46(2) and (7)(b), 49(1)(b)(i) and (2)(a), and form 15 in Schedule 1 under section 25(1)(i), (j)(ii), (iii), and (iv) of the Legislation Act 2012.
46 Members of Defence Force voting as special voters

(1)

The officer commanding every unit comprising members of the Defence Force shall afford all necessary facilities for members of the Defence Force to cast their votes in accordance with this Part so far as may be done consistently with the proper performance of their duties.

(2)

Where any member of the Defence Force is in a hospital, sanatorium, or other institution, that member of the Defence Force shall, for the purposes of these regulations, be deemed to be a member of the unit under the command of the officer in charge of the hospital, sanatorium, or other institution.

(3)

[Revoked]

(4)

[Revoked]

(5)

Every person who knowingly and wilfully makes a false statement for the purpose of voting under section 60(f) of the Act, or who votes under that provision when that person has already received a ballot paper for the same election, shall be liable on conviction or on conviction by the Court Martial to a fine not exceeding $1,000.

(6)

Every Issuing Officer shall, where possible, be supplied with a sufficient number of ballot papers, envelopes, forms and all other materials for taking the votes of any members of the Defence Force who apply to that Issuing Officer.

(7)

Following—

(a)

the close of nominations; and

(b)

the receipt by the Issuing Officer of,—

(i)

in the case of a general election, the copies forwarded under regulation 43(2); and

(ii)

in the case of a by-election, the copies forwarded under regulation 43(3),—

the votes of members of the Defence Force comprised in any unit may be cast at any convenient time or times before 4 pm local time on the day before polling day and, as far as practicable, notice shall be given of the day appointed for the closing of the poll.

Regulation 46(3): revoked, on 16 May 2002, by regulation 24 of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 46(4): revoked, on 1 February 2014, by regulation 7 of the Electoral Amendment Regulations 2013 (SR 2013/41).

Regulation 46(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 46(5): amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).