Shop Trading Reform (Polls) Regulations 1996

i Shop Trading Reform (Polls) Regulations 1996 S.R. No. 134/1996 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 PART 2—POLLS 3 Division 1—Requests, Declarations, Notices and Appointments 3 4. Request for a poll 3 5. Declaration by returning officer or deputy returning officers 3 6. Appointment of scrutineers 3 7. Declaration form for an unenrolled voter at a poll by attendance voting 3 8. Declaration form for unidentified voter at a poll by attendance voting 4 Division 2—Ballot-papers 4 9. Ballot-paper for a poll 4 10. No changes to be made to form of ballot paper 4 11. Validity of ballot-paper 4 Division 3—Electronic Counting 4 12. Use of electronic counting equipment 4 Division 4—Polls by Attendance Voting 5 Subdivision 1—Preliminary 5 13. Application of Division 5 Subdivision 2—Holding of a poll 5 14. Polling places 5 15. Polling booths 6 16. Persons who can remain in polling booth 7 17. Persons who can speak to voter in polling booth 8 18. Scrutineers 8 -- 1 of 59 -- Regulation Page ii 19. Hours of polling 9 20. Ballot-box to be kept closed 9 21. Issue of ballot-papers 9 22. Identification of voters 10 23. Procedure if second ballot-paper applied for 11 24. Certain ballot-papers to be kept separate 12 25. Adjournment of poll 12 Subdivision 3—Voting and the counting of votes 13 26. Spoilt ballot-papers 13 27. Method of voting 14 28. Place where votes to be counted 14 29. Procedure if count at polling booth or polling place 15 30. Procedure if count at central counting place 16 31. Adjournment of count 19 32. Safe custody of ballot-papers 19 Subdivision 4—Pre-poll Voting at a Polling Place 20 33. Application of pre-poll voting 20 34. Provision of pre-poll voting 20 35. Ballot-boxes 20 36. Procedure at close of pre-poll voting 20 Subdivision 5—Pre-poll Voting by Post 21 37. Application to vote by post 21 38. Consideration of application to vote by post 21 39. Issue of ballot-papers 23 40. Record of issue of ballot-papers 24 41. Method of voting 24 42. Postal ballot-box 25 43. Entitlement to vote personally 25 44. Receipt of completed declaration envelopes 26 45. Declaration envelopes received on poll day 26 46. Comparing signatures 27 47. Counting of votes 28 48. Dealing with voting materials 29 49. Returning officer to deal with late applications and ballot-papers. 29 Subdivision 6—Mobile Polling Booths 30 50. Times and places of opening 30 51. Not open whilst in transit 30 52. Notice 30 53. Must be open during times stated in notice 30 -- 2 of 59 -- Regulation Page iii 54. Invalidity 30 55. Procedure at close of voting 30 Subdivision 7—How-To-Vote Cards 31 56. Application for registration 31 57. Person's name identified 31 58. Matters to be considered 31 59. Returning Officer's endorsement 32 60. Copies of card 32 Division 5—Polls by postal voting 32 61. Application of Division 32 62. Notice of poll 32 63. Change to last day of voting 33 64. Ballot-papers and declaration envelopes 33 65. Issue of postal ballot envelope 34 66. Record of issue of postal ballot envelopes 34 67. A request to redirect postal ballot envelope 35 68. Issue of duplicate voting materials 35 69. Return of declaration envelopes and ballot-papers. 36 70. Returning officer to deal with declaration envelopes on receipt 36 71. Security of declaration envelopes 37 72. Record of return of declaration envelopes 38 73. Scrutineers 38 74. Place where votes to be counted 39 75. Handling of poll materials 39 76. Adjournment of count 41 77. Safe custody of postal ballot materials 41 78. Disposal of ballot-papers 41 Division 6—Miscellaneous provisions 42 79. Recount of votes 42 80. Safe custody of ballot-papers 43 81. Disposal of ballot-papers 43 __________________ SCHEDULE—Prescribed Forms 45 Form 1A—Request for a poll of voters about closure of non-exempt shops on all Sundays 45 Form 1B—Request for a poll at voters about closure at non-exempt shops on certain hours on Sundays 46 Form 2—Declaration by a Returning Officer or a Deputy Returning Officer 47 Form 3—Scrutineer—Appointment and declaration 48 -- 3 of 59 -- Regulation Page iv Form 4—Declaration by unenrolled voter 49 Form 5—Declaration by unidentified voter/or person who applies for a second ballot-paper 50 Form 6—Ballot-paper for shop trading reform polls 51 Form 7—Application for postal vote 52 Form 8—Endorsement for declaration envelope 53 Form 9—Instructions to voter 54 Form 10—Application for registration of how-to-vote card 55 ═══════════════ -- 4 of 59 -- 1 STATUTORY RULES 1996 S.R. No. 134/1996 Shop Trading Reform Act 1996 Shop Trading Reform (Polls) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 26 November 1996 Responsible Minister: MARK BIRRELL Minister for Industry, Science & Technology A. WILTSHIRE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for the conduct of polls under the Shop Trading Reform Act 1996. 2. Authorising provisions These Regulations are made under section 11 and Schedule 2 of the Shop Trading Reform Act 1996. 3. Definitions In these Regulations— "Act" means Shop Trading Reform Act 1996; "Chief Executive Officer" means the person appointed by a Council to be its Chief -- 5 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 2 Executive Officer or any person acting in that position; "form" means a form in the Schedule to these Regulations; "polling place" means a place appointed as a polling place under regulation 14; "silent voter" means an elector who has made a successful application to an electoral registrar under section 104 of the Electoral Act 1918 of the Commonwealth or section 121A of The Constitution Act Amendment Act 1958. "unenrolled voter" means a person who is entitled to be enrolled on a voter's roll but is not so enrolled; "voter" means a person who is enrolled on a voters' roll. _______________ r. 3 -- 6 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 3 PART 2—POLLS Division 1—Requests, Declarations, Notices and Appointments 4. Request for a poll A request for a poll of voters under section 6 of the Act must be in accordance with either Form 1A or 1B. 5. Declaration by returning officer or deputy returning officers A returning officer or deputy returning officer appointed under clause 4 of Schedule 2 of the Act must as soon as practicable after that appointment make a declaration of appointment in the form of Form 2. 6. Appointment of scrutineers (1) The returning officer may approve prior to polling day the appointment of one scrutineer at each polling booth on behalf of— (a) any group of at least 5 persons entitled to vote at the poll who are in favour of the proposal to be voted on; and (b) any group of at least 5 persons entitled to vote at the poll who are opposed to the proposal to be voted on. (2) A notice of appointment of scrutineers must be in the form of Form 3. 7. Declaration form for an unenrolled voter at a poll by attendance voting A person referred to in regulation 21(3) who claims to be entitled to vote but is not enrolled on r. 4 -- 7 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 4 the voters' roll must make a declaration in accordance with Form 4. 8. Declaration form for unidentified voter at a poll by attendance voting A person referred to in regulation 22(3) who does not provide proof of identity must make a declaration in accordance with Form 5. Division 2—Ballot-papers 9. Ballot-paper for a poll A ballot-paper to be used in a poll under section 6 of the Act is in the prescribed form if it is in accordance with Form 6 and contains either the statement in item (1) or (2) of that Form. 10. No changes to be made to form of ballot paper No alterations to the content of the ballot-paper in Form 6 must be made except those required by regulation 9 or the Form. 11. Validity of ballot-paper (1) A voter must mark his or her vote by writing "yes" or "no" in the box provided opposite the question set out. (2) A ballot-paper is only valid when completed in a polling booth, except where a person is voting by post. Division 3—Electronic Counting 12. Use of electronic counting equipment The returning officer may use electronic counting equipment to assist in the counting of votes at a poll. r. 8 -- 8 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 5 Division 4—Polls by Attendance Voting Subdivision 1—Preliminary 13. Application of Division This Division does not apply if a council decides that all voting at a poll is to be by means of postal voting. Subdivision 2—Holding of a poll 14. Polling places (1) The returning officer must appoint and name polling places within the municipal district. (2) The returning officer— (a) may at the same time as notice of the poll is given; and (b) must not later than 5 days before poll day— give public notice of the polling places appointed for the holding of the poll and of the date from which postal voting and pre-poll voting will be held. (3) The public notice must also specify— (a) the polling places to be used for pre-poll voting; and (b) the times during the day at which the polling places will be open for pre-poll voting. (4) The public notice must specify which polling places have suitable access for physically disabled people. (5) If the returning officer considers it necessary, the returning officer may— r. 13 -- 9 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 6 (a) establish polling places outside the municipal district; and (b) provide additional polling places on poll day. (6) Polling places appointed under sub-regulation (5) do not have to be kept open for the full polling period. (7) No part of any licensed premises within the meaning of the Liquor Control Act 1987 is to be used for the purposes of a polling place unless the returning officer considers that there are exceptional circumstances which require that use. (8) The returning officer may, subject to any conditions the returning officer may impose, authorise the use of any premises which is, or of which any part is, a licensed premises within the meaning of the Liquor Control Act 1987 for the purpose of a polling place. (9) During any period that any part of any licensed premises is to be used for the purposes of a polling place under sub-regulation (8), that part of the premises must not be— (a) used for the sale of liquor; or (b) accessible from any other part of the premises which is being used for the sale of liquor. 15. Polling booths (1) The returning officer must provide one or more polling booths at each polling place. (2) A polling booth may be all or part of a building, structure, vehicle, enclosure or counting table. (3) The returning officer must provide the following in each polling booth— r. 15 -- 10 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 7 (a) one or more compartments providing adequate facilities for each voter to vote in secret; (b) subject to sub-regulation (4), one or more suitable containers having a secure fastening to be used as ballot-boxes; (c) translations of the directions to the voter printed on the ballot-paper in any languages the returning officer considers necessary; (d) any voters' rolls, ballot-papers, stationery and furniture that the returning officer considers necessary. (4) The returning officer may determine that one ballot-box be used for the polling place. (5) There must be at least one polling booth for every 1500 voters (or fraction of that number) on the voters' list. (6) The returning officer may provide for mobile polling booths in hospitals or other institutions whether or not the hospital or institution is appointed as a polling place. (7) Polling places appointed under sub-regulation (6) do not have to be kept open for the full polling period. (8) There must be at least 2 deputy returning officers at each polling place at all times. 16. Persons who can remain in polling booth Only the following persons can remain in a polling booth— (a) any person who is voting; (b) any person assisting the person who is voting; r. 16 -- 11 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 8 (c) the returning officer and any deputy returning officer; (d) one scrutineer representing those in favour of the proposal and one scrutineer representing those opposing the proposal; (e) any member of the police force necessary to keep the peace. 17. Persons who can speak to voter in polling booth Only the following persons can speak to a voter in the polling booth— (a) any person assisting the person who is voting; (b) the returning officer and any deputy returning officer; (c) any member of the police force. 18. Scrutineers (1) Only one scrutineer representing those in favour of the proposal and one representing those against the proposal can be present in each polling booth at any time. (2) A scrutineer who is acting in accordance with these regulations must not be prevented from entering or leaving a polling booth during the hours of polling. (3) If a scrutineer is absent from a polling booth another scrutineer may take his or her place. (4) The deputy returning officer in charge of a polling booth may remove a scrutineer if more than two scrutineers are present and the scrutineer fails to leave the polling booth at the request of the deputy returning officer. (5) Any member of the police force or any deputy returning officer, after requesting the scrutineer to r. 17 -- 12 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 9 leave the polling booth, may remove a scrutineer from a polling booth if the scrutineer— (a) commits any breach of these Regulations; or (b) is guilty of misconduct; or (c) fails to obey a lawful direction of a deputy returning officer. 19. Hours of polling (1) Each polling place must be open for voting from 8.00 a.m. until 6.00 p.m. on polling day except mobile polling booths, polling places outside the municipal district or additional polling places provided by the returning officer on polling day. (2) If, at the close of polling, a person is in the polling place for the purpose of voting he or she is entitled to vote. 20. Ballot-box to be kept closed (1) Immediately before a polling booth is opened for voting, the deputy returning officer in charge of the polling booth must in the presence of any scrutineers— (a) make sure that the ballot-box is empty; and (b) close and securely fasten the ballot-box. (2) The ballot-box must not be opened until the close of voting. 21. Issue of ballot-papers (1) A person voting at a poll is entitled to vote at any polling booth established for voting. (2) The deputy returning officer in charge of a polling booth must issue a ballot-paper to any person who is enrolled or appears to be entitled to be enrolled on the voters' roll who applies to vote at the r. 19 -- 13 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 10 polling booth unless regulation 22(4) or 22(5) applies. (3) If a person claims to be entitled to vote but is not enrolled on the voters' roll the deputy returning officer must request him or her to complete a declaration under regulation 7. (4) The deputy returning officer must initial the ballot-paper and give it to the person claiming the vote. (5) The deputy returning officer must place a mark against the voter's name on the voters' roll to show that the voter has received a ballot-paper. (6) If required by the returning officer, the deputy returning officer must place the official mark on the ballot-paper so that the polling booth in which the ballot-paper was issued may be identified. (7) If the ballot-paper is otherwise correct a failure to comply with sub-regulation (3), (4) or (5) does not make a ballot-paper invalid. 22. Identification of voters (1) The deputy returning officer in charge of a polling booth must put the following questions to each person claiming to vote at the poll— (a) What is your family name and Christian or given names? (b) Have you voted before in this poll? (2) If a person fails to give his or her family name and Christian or given names shown on the voters' roll, the deputy returning officer may require the person to provide proof of identity. (3) If a person cannot or will not provide proof of identity, the deputy returning officer must request the person to complete a declaration under regulation 8. r. 22 -- 14 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 11 (4) If the person refuses to complete the declaration, the deputy returning officer must not give the person a ballot-paper. (5) If a person admits to having voted before in the poll, the deputy returning officer must not give the person a ballot-paper. (6) The deputy returning officer must keep a written record of any person who has been refused a ballot-paper. (7) If the deputy returning officer is satisfied that a voter is sufficiently identified the claim to vote is not to be refused because of any— (a) omission of any Christian or given name; or (b) inclusion of a wrong Christian or given name or a wrong address; or (c) mistake in the spelling of any family name— in the voters' roll. 23. Procedure if second ballot-paper applied for (1) If a person applying for a ballot-paper— (a) gives as his or her name the name of a person who appears to the deputy returning officer in charge of the polling booth to have already received a ballot-paper; and (b) declares in accordance with Form 5 that he or she has not already voted at the poll— the deputy returning officer must give the person a ballot-paper. (2) The deputy returning officer must forward the declaration to the returning officer. r. 23 -- 15 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 12 24. Certain ballot-papers to be kept separate (1) The following marked ballot-papers must be placed in a separate envelope provided for the purpose— (a) a marked ballot-paper received from a person who has been requested to make a declaration under regulation 21(3); (b) a marked ballot-paper received from a person requested to make a declaration under regulation 22(3); (c) a marked ballot-paper received from a person who has made a declaration under regulation 23; (d) a marked ballot-paper received from a person who has made a declaration under regulation 43(3). (2) The deputy returning officer must mark the envelope and forward it to the returning officer. (3) The returning officer must— (a) allow or disallow each ballot-paper without opening the envelope; (b) place the allowed and disallowed ballot- papers into separate envelopes; (c) forward the envelopes to the deputy returning officer in charge to be dealt with in accordance with regulation 29 or 30. 25. Adjournment of poll (1) If for any reason or cause a poll at a polling place cannot start or has to be suspended, the deputy returning officer in charge of the polling place may adjourn the poll at that polling place. r. 24 -- 16 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 13 (2) The poll may be adjourned to the next day that is not a Sunday or a public holiday in the municipal district and if necessary from day to day but not exceeding 21 days from the poll day. (3) The returning officer must immediately give notice of the adjournment in any manner that the returning officer thinks necessary. Subdivision 3—Voting and the counting of votes 26. Spoilt ballot-papers (1) If a voter— (a) has not deposited a ballot-paper in the ballot- box; and (b) satisfies the deputy returning officer in charge of the polling booth that he or she has spoilt the ballot-paper; and (c) returns the spoilt ballot-paper to the deputy returning officer— the deputy returning officer must issue another ballot-paper to the voter. (2) The deputy returning officer must— (a) cancel the spoilt ballot-paper by writing 'Spoilt by voter' on the face of the ballot- paper; and (b) initial the spoilt ballot-paper; and (c) retain the spoilt ballot-paper until the close of voting. (3) If a deputy returning officer spoils a ballot-paper he or she must— (a) cancel the spoilt ballot-paper by writing 'Spoilt by official' on the face of the ballot- paper; and r. 26 -- 17 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 14 (b) retain the spoilt ballot-paper until the close of voting. 27. Method of voting (1) The voter must, using the facilities provided, mark the ballot-paper in private and secretly. (2) A voter who is sight impaired, ill, disabled or has insufficient language skills to mark the ballot- paper without assistance can seek the assistance of another person when marking the ballot-paper or instruct another person to mark the ballot-paper on his or her behalf. (3) If a voter makes a request for assistance at a polling booth as described under sub-regulation (2), a deputy returning officer must be present when the ballot-paper is marked and, at the request of the voter, may inspect the ballot-paper before it is placed in the ballot-box. (4) In the case of a marked ballot-paper referred to in regulation 24, the voter must, without disclosing the manner in which the ballot-paper has been marked, deposit it in an envelope provided for the purpose and give the envelope to the deputy returning officer. (5) In any other case, the voter must, without disclosing the manner in which the ballot-paper has been marked, deposit it in the ballot box. 28. Place where votes to be counted The returning officer may determine that— (a) the ballot-papers are to be counted separately at each polling booth; (b) the ballot-papers are to be counted separately at each polling place; (c) the ballot-papers are to be collected and counted at a central counting place; r. 27 -- 18 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 15 (d) the count may be conducted partly at the polling booth or polling place and partly at a central counting place. 29. Procedure if count at polling booth or polling place If the count is to be made at each polling booth or polling place the deputy returning officer in charge must as soon as practicable after the close of voting do the following in the presence of any scrutineers and any deputy returning officers and no other person— (a) make up into separate parcels— (i) the copies of the voters' roll on which the fact of any person having received a ballot-paper has been noted; and (ii) the spoilt ballot-papers; and (iii) the unused ballot-papers; (b) open the ballot-box and the envelope containing the allowed ballot-papers referred to in regulation 24, take out the ballot-papers and ascertain the number of votes for the proposal and the number of votes against the proposal; (c) set aside the informal ballot-papers and the disallowed ballot-papers referred to in regulation 24; (d) arrange for the returning officer to be advised of the result of the voting; (e) make up into separate parcels— (i) the used ballot-papers; and (ii) the informal ballot-papers; and (iii) the disallowed ballot-papers under regulation 24; r. 29 -- 19 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 16 (f) prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of— (i) votes received for the proposal and votes received against the proposal; and (ii) ballot-papers set aside as informal; and (iii) disallowed ballot-papers referred to in regulation 24; and (iv) spoilt ballot-papers; and (v) unused ballot-papers; and (vi) any other ballot-papers received by the deputy returning officer; (g) write on the outside of each parcel— (i) a description of the contents; and (ii) the name of the Council; and (iii) the name of the polling place; and (iv) the name and number of the polling booth; and (v) the date of voting; (h) enclose and properly fasten each parcel and sign the statement under paragraph (g) and permit any scrutineers to also sign the statement; (i) send the parcels and the certificate to the returning officer. 30. Procedure if count at central counting place (1) If the count is to be made at a central counting place, the deputy returning officer in charge of each polling booth must as soon as practicable after the close of voting do the following in the presence of any scrutineers and any deputy returning officers and no other person— r. 30 -- 20 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 17 (a) make up into separate parcels— (i) the copies of the voters' roll or rolls on which the fact of any person having received a ballot-paper has been noted; and (ii) the spoilt ballot-papers; and (iii) the unused ballot-papers; and (iv) the envelopes containing the ballot- papers referred to in regulation 24; (b) write on the outside of each parcel— (i) a description of the contents; and (ii) the name of the Council; and (iii) the name of the polling place; and (iv) the name and number of the polling booth; and (v) the date of voting; (c) enclose and properly fasten each parcel and sign the statement under paragraph (b) and permit any scrutineers to also sign the statement; (d) send the parcels and unopened ballot-boxes to the deputy returning officer who is to count the votes. (2) One scrutineer representing people for the proposal and one scrutineer representing people against the proposal is entitled to be at each table to be used at the central counting place. (3) The returning officer or deputy returning officer at the central counting place must as soon as practicable do the following in the presence of any scrutineers and any deputy returning officers and no other person— r. 30 -- 21 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 18 (a) open the ballot-box and the envelope containing the allowed ballot-papers referred to in regulation 24, take out the ballot-papers and ascertain the number of votes for the proposal and number of votes against the proposal; (b) set aside the informal ballot-papers and the disallowed ballot-papers referred to in regulation 24; (c) make up into separate parcels— (i) the used ballot-papers; (ii) the informal ballot-papers; and (iii) the disallowed ballot-papers under regulation 24; (d) prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of— (i) votes received for the proposal and votes received against the proposal; and (ii) ballot-papers set aside as informal; and (iii) disallowed ballot-papers referred to in regulation 24; and (iv) spoilt ballot-papers; and (v) unused ballot-papers: and (vi) any other ballot-papers received by the deputy returning officer; (e) write on the outside of each parcel— (i) a description of the contents; and (ii) the name of the Council; and (iii) the name of the polling place; and r. 30 -- 22 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 19 (iv) the name and number of the polling booth; and (v) the date of voting; (f) enclose and properly fasten each parcel and sign the statement under paragraph (e) and permit any scrutineers to also sign the statement; (g) send the parcels (including the parcels received from the polling booths) and the certificate to the returning officer. 31. Adjournment of count (1) The returning officer must ensure that, before the count of votes is adjourned, all ballot-papers and documents are placed in ballot-boxes. (2) The returning officer must seal the ballot-boxes in the presence of the scrutineers and the deputy returning officers. (3) The returning officer must show the unbroken seal on each ballot-box to the scrutineers and the deputy returning officers before continuing the count of votes. 32. Safe custody of ballot-papers (1) The deputy returning officer in charge of a polling booth must give the returning officer a receipt specifying the total number of ballot-papers that he or she has received. (2) The deputy returning officer in charge of a polling booth is personally responsible for— (a) the safe custody of the ballot-papers until they are issued or otherwise dealt with by the deputy returning officer; and (b) the return of the used ballot-papers to the returning officer. r. 31 -- 23 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 20 Subdivision 4—Pre-poll Voting at a Polling Place 33. Application of pre-poll voting For the purposes of the Act and these Regulations each day during which pre-poll voting is permitted is to be taken to be a polling day. 34. Provision of pre-poll voting A Council may determine to provide for pre-poll voting at a poll on any day or days after giving notice of a poll up to and including the Friday immediately before poll day. 35. Ballot-boxes (1) Whenever during the pre-poll period a ballot-box is being used for the first time, the deputy returning officer in charge of the polling place must in the presence of any scrutineers— (a) make sure that the ballot-box is empty; and (b) close and securely fasten the ballot-box. (2) The deputy returning officer must during the pre- poll voting period in the presence of any scrutineers effectively seal the opening in each ballot-box after the close of that day's voting. (3) The deputy returning officer may use the same ballot box at each polling place for all or part of the pre-poll polling period. (4) If the deputy returning officer decides to use the same ballot box, he or she must in the presence of any scrutineers unseal the opening in the ballot- box at the beginning of each day's pre-poll voting. (5) The deputy returning officer must provide for the safe custody of each ballot-box used in pre-poll voting at all times. 36. Procedure at close of pre-poll voting r. 33 r. 36 -- 24 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 21 After the close of the pre-poll voting period, the deputy returning officer in charge of the polling place must transfer unopened every ballot-box together with all voting papers, rolls and other papers and equipment used or issued for use in the polling place to the place specified by the returning officer for the counting of votes. Subdivision 5—Pre-poll Voting by Post 37. Application to vote by post (1) A person who is enrolled or appears to be entitled to be enrolled on the voters' roll to vote at a poll may apply in accordance with Form 7 to the returning officer for a ballot-paper enabling the person to vote under this Subdivision on or before poll day. (2) The application cannot be made until 9 am on the day after the Council gives notice of the poll and must reach the returning officer not later than 4 p.m. on the Thursday preceding poll day. (3) The returning officer must arrange for the consideration of the application by a deputy returning officer and keep a record of all applications received under sub-regulation (1). (4) An application for a ballot-paper is not insufficient or invalid by reason only that in it there is an omission or incorrect or insufficient description or misdescription of any of the particulars required to be contained in it if the application is properly signed by the applicant and the returning officer is otherwise satisfied that the applicant is entitled to a ballot-paper under these Regulations. 38. Consideration of application to vote by post r. 38 -- 25 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 22 (1) A deputy returning officer must grant an application under regulation 37 if he or she is satisfied that— (a) the name of the applicant is or is entitled to be on a voters' roll to be used at the poll specified in the application; and (b) the applicant is not prohibited from voting. (2) A deputy returning officer must endorse each application granted to the effect that he or she has granted it and must sign the endorsement. (3) A deputy returning officer must separate any applications under regulation 37 by a silent voter. (4) A scrutineer may inspect, in the presence of a deputy returning officer, the applications under regulation 37 until the declaration of the poll— (a) during office hours; or (b) during polling hours on poll day. (5) A deputy returning officer must conceal the address of any silent voter from a scrutineer during the inspection of applications under sub- regulation (4). (6) If a deputy returning officer is not satisfied that all or any of the requirements specified in sub- regulation (1) have been met, he or she must refer the application to the returning officer. (7) If the returning officer is not satisfied that all or any of the requirements specified in sub- regulation (1) have been met, he or she must— (a) refuse the application and immediately post or deliver to the applicant a notice containing the following particulars— -- 26 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 23 (i) advice that the application has been refused and the reason for its refusal; and (ii) advice that the voter will have to vote in person at a polling place; and (iii) if the reason for the refusal relates to a technical defect in the application which is capable of being rectified, advice that the voter may complete and return a fresh application for a postal vote within the time allowed; and (iv) if the applicant is entitled to a fresh application under sub-paragraph (iii), advice that a ballot-paper cannot be admitted to the count unless it is received by the returning officer before the close of the poll on poll day or delivered to a polling place within the municipal district during the hours of polling on poll day; and (b) endorse each application so refused to the effect that he or she has refused the application; and (c) sign the endorsement. 39. Issue of ballot-papers (1) If an application for a ballot-paper has been granted under regulation 38, the deputy returning officer must post or deliver— (a) a ballot-paper; (b) a declaration envelope in accordance with Form 8; (c) a copy of instructions to a voter in accordance with Form 9— r. 39 -- 27 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 24 to the applicant, at the address shown on the application form, or give them to the applicant. (2) The deputy returning officer must initial each ballot-paper issued. (3) The declaration envelope must be opaque. 40. Record of issue of ballot-papers (1) The returning officer must keep a record of all ballot-papers issued to applicants under this Subdivision. (2) The returning officer must keep a record of the number of ballot-papers printed for the purposes of this Subdivision and reconcile that number with the number of ballot-papers issued, spoilt, discarded, left unused and unable to be accounted for. (3) The records referred to in sub-regulations (1) and (2) must be certified by the returning officer as being true and correct and must be submitted to the Chief Executive Officer as soon as practicable. 41. Method of voting (1) The voter must— (a) insert the marked ballot-paper in the declaration envelope provided and seal the envelope; and (b) sign his or her name on the declaration envelope in the place provided and fill in the date in the place provided. (2) The voter must post or deliver the declaration envelope containing the ballot-paper to the returning officer at the address on the envelope so as to reach the returning officer before the close of the poll or deliver it during the hours of polling on poll day to any polling place within the municipal district. r. 40 -- 28 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 25 42. Postal ballot-box (1) The returning officer may provide a postal ballot- box with an opening capable of receiving declaration envelopes under this Subdivision. (2) Each postal ballot-box must be appropriately secured by the returning officer before 9 a.m. on the day that notice is given of a poll and must be sealed with the seal of the returning officer and the seals of those scrutineers who wish to affix their seal in a manner that prevents the postal ballot-box being opened without breaking the seal. (3) Each postal ballot-box must be clearly marked with the words 'Postal Ballot-Box'. (4) The returning officer must make provision for the safe custody of each postal ballot-box at all times. 43. Entitlement to vote personally (1) A person to whom a ballot-paper has been issued under this Subdivision is entitled to vote personally at the poll to which the ballot-paper relates if, before voting, he or she gives up the declaration envelope and the ballot-paper to the deputy returning officer in charge of a polling place at which he or she is entitled to vote. (2) The deputy returning officer in charge of the polling place must cancel the ballot-paper and the declaration envelope and forward them to the returning officer. (3) If a person to whom a ballot-paper has been issued states that he or she has not received the ballot- paper, he or she is entitled to vote personally at the poll to which the ballot-paper relates if he or she first makes a declaration in accordance with Form 5 before the deputy returning officer in charge of the polling place. The deputy returning r. 42 -- 29 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 26 officer must forward the declaration to the returning officer. (4) The returning officer must, immediately after receiving any cancelled ballot-papers and declaration envelopes and any declarations forwarded to him or her under sub-regulation (3), deposit them in the postal ballot-box. (5) If a person votes personally under sub-regulation (3), the deputy returning officer in charge of the polling place must notify the returning officer that that person has voted personally. 44. Receipt of completed declaration envelopes Any declaration envelope received before the close of polling on poll day must be immediately deposited in the appropriate postal ballot-box provided under regulation 42. 45. Declaration envelopes received on poll day (1) If under regulation 41 any completed declaration envelope is delivered during the hours of polling on poll day to any polling place within the municipal district, the deputy returning officer in charge of the polling place must without opening the declaration envelope— (a) make a record of the name of the voter and of the ward for which the voter is enrolled; (b) endorse on the declaration envelope words to the effect that the completed declaration envelope was received by him or her at the polling place and add his or her signature, the words 'Deputy returning officer in charge of the polling place' and the date; (c) immediately deposit the declaration envelope in a ballot-box used for the purpose of the poll at his or her polling place. r. 44 -- 30 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 27 (2) At the close of polling on poll day, the deputy returning officer in charge of a polling place must— (a) remove from the ballot-box all declaration envelopes; and (b) without opening the declaration envelopes— (i) enclose them in a parcel; and (ii) endorse the parcel with a description of its contents; and (iii) sign and date the endorsement; and (c) forward the parcel to the returning officer; and (d) sign and forward the record of the voters prepared under sub-regulation (1) to the returning officer. 46. Comparing signatures (1) At a place and time before the close of polling on poll day the returning officer in the presence of a deputy returning officer and of any scrutineer but of no other person may— (a) open the postal ballot box; and (b) compare the signature of the voter on each declaration envelope with the signature of the same voter on the application for the ballot-paper; and (c) allow the scrutineers (if any) to inspect both signatures; and (d) if satisfied that the signature on the declaration envelope is that of the voter who signed the application for a ballot-paper, accept the ballot-paper without opening the declaration envelope in which it is contained; and r. 46 -- 31 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 28 (e) if not so satisfied disallow the ballot-paper without opening the declaration envelope in which it is contained. (2) The returning officer must then separately identify those declaration envelopes containing ballot- papers accepted under sub-regulation (1) and those declaration envelopes containing ballot- papers disallowed by him or her and replace all declaration envelopes in the postal ballot-box and secure the ballot-box. (3) The returning officer must ensure that scrutineers are notified of the place and time that the checking of declaration envelopes will take place under sub-regulation (1). 47. Counting of votes (1) After the close of the poll on poll day, the returning officer in the presence of a deputy returning officer and of any scrutineers present but of no other person must— (a) open the postal ballot-box; and (b) produce— (i) all declaration envelopes received by him or her under regulation 44 or sent or delivered to him or her under regulation 45; and (ii) all applications for ballot-papers under this Subdivision; and (c) deal with all declaration envelopes not already dealt with in accordance with regulation 46. (2) If the returning officer is of the opinion that a declaration envelope containing a ballot-paper has been received from a person who has voted personally under regulation 43, he or she must r. 47 -- 32 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 29 disallow the ballot-paper without opening the declaration envelope and then state on the declaration envelope the reason for disallowing the ballot-paper. (3) The returning officer must then withdraw from the declaration envelopes all ballot-papers accepted for further scrutiny and proceed to the count of votes. 48. Dealing with voting materials Immediately after the declaration of the poll, all applications for ballot-papers, all ballot-papers issued under this Subdivision, all declaration envelopes that contained or contain ballot-papers, all declarations and any other papers relating to the poll received by the returning officer must be dealt with in the following manner— (a) they must be made up and enclosed in a parcel or parcels; (b) each parcel must be endorsed with— (i) a description of its contents; and (ii) the name of the Council; and (iii) the date of the polling— and the endorsement must be signed by the returning officer; (c) the parcel or parcels must be forwarded by the returning officer to the Chief Executive Officer within 14 days after they are endorsed under paragraph (b). 49. Returning officer to deal with late applications and ballot-papers. (1) An application received by the returning officer after 4 p.m. on the Thursday immediately preceding poll day must be kept separate and r. 48 r. 49 -- 33 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 30 made up and enclosed in a separate parcel and dealt with in the manner set out in regulation 48. (2) Ballot-papers received by the returning officer after 6 p.m. on the day of the poll must not be included in the count but must be made up and enclosed in a separate parcel and dealt with in the manner set out in regulation 48. Subdivision 6—Mobile Polling Booths 50. Times and places of opening A mobile polling booth must be open for voting at the times from 8 a.m. until 6. p.m. on poll day and at the places that the returning officer determines. 51. Not open whilst in transit A mobile polling booth must not be open for voting while in transit between polling places. 52. Notice The returning officer must give public notice at least 14 days before the poll of the time of voting and places at which a mobile polling booth will be stationed during poll day. 53. Must be open during times stated in notice The mobile polling booth must be stationed at the place and open for voting during the times stated in the notice. 54. Invalidity Failure to comply with regulation 53 does not invalidate the poll. 55. Procedure at close of voting As soon as practicable after the close of voting on poll day, the deputy returning officer in charge of the mobile polling booth must transfer unopened every ballot-box together with all voting papers, r. 55 -- 34 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 31 rolls and other papers and equipment used or issued for use in the mobile polling booth for the poll to the place specified by the returning officer and, in the presence of scrutineers that are appointed to the mobile polling booth, undertake a count. Subdivision 7—How-To-Vote Cards 56. Application for registration A person applying to the returning officer for registration of a form or sample of a how-to-vote card must do so in the form of Form 10. 57. Person's name identified Each how-to-vote card submitted for registration must— (a) clearly identify the name of the person on whose behalf the card is to be distributed; and (b) be signed by the person on whose behalf it is to be distributed. 58. Matters to be considered The returning officer in determining whether to refuse to register or request the variation of a how-to-vote card must have regard to the following— (a) whether the colour of the paper or other material for the card; and (b) the colour for the print on the card— are so similar to the colour of the paper or material or the colour of the print of the ballot- paper for the poll that in the opinion of the returning officer the how-to-vote card is likely to confuse a voter. -- 35 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 32 59. Returning Officer's endorsement The applicant must ensure that a registered how- to-vote card is endorsed at the end of the card with the following— "Registered by the returning officer for ................ (Insert name of Council) Dated: ". 60. Copies of card The person applying for registration of a how-to- vote card must as soon as practicable after registration provide the returning officer with 5 more cards than the number of polling places in the municipal district. Division 5—Polls by postal voting 61. Application of Division This Division applies where a council decides that all voting at a poll is to be by means of postal voting. 62. Notice of poll (1) In addition to the requirements specified in clause 2 of Schedule 2 of the Act, public notice of a poll must— (a) indicate the week in which postal ballot envelopes are likely to be posted or delivered to voters; and (b) specify the last day of voting. (2) The returning officer must specify a day not later than the date of the election not being a Saturday, Sunday or public holiday as the last day on which postal ballots may be validly received by him or her unless altered in accordance with these Regulations. r. 59 -- 36 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 33 63. Change to last day of voting (1) If the returning officer is satisfied— (a) there is an unforeseen delay in the printing of poll materials; or (b) there is a postal strike or any disruption to the postal service; or (c) other special circumstances exist— that would necessitate the altering of the last day of voting, he or she may alter the last day of voting and fix a different later day. (2) If the returning officer does this, he or she must— (a) immediately give public notice of the new last day of voting; and (b) if postal ballot envelopes have not yet been issued, indicate in the notice the week in which they are likely to be issued. 64. Ballot-papers and declaration envelopes (1) The returning officer must ensure that— (a) ballot-papers are made of marked security paper; and (b) declaration envelopes are opaque. (c) all second declaration envelopes for issue under regulation 68(1) are identified as second declaration envelopes. r. 63 -- 37 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 34 65. Issue of postal ballot envelope (1) At least 15 days before the last day of voting the returning officer must post or deliver a postal ballot envelope to any person whose name appears on the voters' roll containing— (a) a ballot-paper; (b) a declaration envelope in accordance with Form 8; (c) a copy of instructions to a voter in accordance with Form 9; (d) a pre-paid return envelope addressed to the returning officer. (2) The returning officer may before the issue of postal ballot envelopes to all voters issue a particular voter with a postal ballot envelope if satisfied that special circumstances exist. (3) The returning officer must not on any one day post or deliver postal ballot envelopes to more than 35% of the voters whose names appear on the voters' roll. (4) For the purposes of sub-regulation (3), the returning officer must select the postal ballot envelopes to be posted or delivered on any one day on a random basis. (5) A ballot-paper contained in the postal ballot envelope must be endorsed by the returning officer. 66. Record of issue of postal ballot envelopes The returning officer must keep a record of all persons who have been issued with a postal ballot envelope. r. 65 -- 38 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 35 67. A request to redirect postal ballot envelope (1) A voter, within 30 days after the Council gives notice of a poll, may make a request in writing to the returning officer to have his or her postal ballot envelope redirected to another address specified in the request. (2) If a person makes a request under sub-regulation (1), the returning officer must ensure that a postal ballot envelope is posted or delivered to that person at the address specified in the request. 68. Issue of duplicate voting materials (1) If on or before the last day of voting a voter— (a) claims that he or she was entitled to be enrolled on the voters' roll on entitlement day; or (b) claims that he or she has lost or destroyed the declaration envelope or ballot-paper or both; or (c) claims that he or she has not received a postal ballot envelope; or (d) satisfies the returning officer that he or she has spoilt the declaration envelope or ballot- paper or both and returns the spoilt declaration envelope or the spoilt ballot- paper or both— the returning officer must issue the voter with a second declaration envelope or ballot-paper or postal ballot envelope, as the case may be. (2) If a spoilt declaration envelope or spoilt ballot- paper has been returned under sub-regulation (1)(d), the returning officer must cancel the spoilt declaration envelope or spoilt ballot-paper. r. 67 -- 39 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 36 (3) The returning officer may use any means of identifying declaration envelopes, ballot-papers and postal ballot envelopes issued under this regulation which he or she considers appropriate in order to comply with regulation 70(2)(b). (4) The returning officer must keep a record of all declaration envelopes, ballot-papers and postal ballot envelopes issued under sub-regulation (1). 69. Return of declaration envelopes and ballot-papers. (1) The voter must— (a) insert the ballot-paper marked in accordance with regulation 11 in the declaration envelope provided and seal the envelope; (b) sign his or her name on the declaration envelope in the place provided and fill in the date in the place provided; and (c) place the declaration envelope in the prepaid envelope provided. (2) The voter must post or deliver the prepaid envelope containing the declaration envelope and ballot-paper to the returning officer at the address on the envelope so as to reach the returning officer not later than 6 p.m. on the last day of voting or deliver it to the place designated by the returning officer for that purpose not later than 6 p.m. on the last day of voting. (3) The returning officer may specify the times when declaration envelopes may be returned before the close of voting. 70. Returning officer to deal with declaration envelopes on receipt (1) The returning officer may before the close of voting— r. 69 -- 40 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 37 (a) remove the declaration envelopes from the pre-paid envelopes; (b) separate the signed declaration envelopes from the unsigned declaration envelopes; (c) disallow the unsigned declaration envelopes; (d) arrange all signed declaration envelopes in numerical order. (2) The returning officer must— (a) identify the declaration envelopes issued under regulation 68; (b) satisfy himself or herself that— (i) the voter was entitled to be enrolled on the voters' roll on entitlement day; or (ii) the voter has not voted or attempted to vote more than once at the poll; or (iii) the second declaration envelope was signed by the same voter whose name appears on the voters' roll. (3) If so satisfied, the returning officer must accept the ballot-paper within the declaration envelope for further scrutiny without opening the declaration envelope in which it is contained. (4) If not so satisfied, the returning officer must disallow the ballot-paper within the declaration envelope without opening the declaration envelope in which it is contained. (5) The returning officer must arrange all the declaration envelopes containing accepted ballot- papers in numerical order. 71. Security of declaration envelopes (1) The returning officer must ensure that all declaration envelopes received are placed in a r. 71 -- 41 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 38 properly secured postal ballot receptacle until after the close of voting. (2) The returning officer must ensure that all declaration envelopes remain unopened until the close of voting. 72. Record of return of declaration envelopes The returning officer must keep a record of all persons who have returned a declaration envelope. 73. Scrutineers (1) A scrutineer appointed under regulation 6 may scrutinise the following electoral activities only— (a) the posting of postal ballot envelopes at any branch of Australia Post; (b) the opening and emptying of a Post Office Box; (c) the opening and emptying of a postal ballot receptacle; (d) the receipt and processing of declaration envelopes; (e) the counting and recounting of ballot-papers. (2) One or more scrutineers representing people in favour of the proposal and one or more scrutineers representing people opposing the proposal may scrutinise the electoral activities outlined in sub- regulation (1)(a) to (d). (3) For the purposes of sub-regulation (1)(e), only one scrutineer representing people in favour of the proposal and one scrutineer representing people opposing the proposal can be present at each counting table at any one time. (4) If a scrutineer is absent from the counting table another scrutineer may take his or her place. r. 72 -- 42 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 39 (5) The returning officer may have a scrutineer removed if— (a) more than two scrutineers are present at a counting table at any one time; or (b) the scrutineer commits any breach of these regulations; or (c) the scrutineer is guilty of misconduct; or (d) the scrutineer fails to obey a lawful direction from a deputy returning officer. (6) If the Council has appointed the State Electoral Office, the Australian Electoral Commission or another Council to conduct the election, a person appointed by that Office, Commission or Council to be involved in the conduct of the election cannot be appointed as a scrutineer. 74. Place where votes to be counted The returning officer must designate the place or places at which ballot-papers are to be counted and must advise scrutineers where the count is to be made. 75. Handling of poll materials (1) The returning officer must as soon as practicable after the close of voting do the following in the presence of any scrutineers and any deputy returning officers and no other person— (a) open the postal ballot receptacle and remove its contents; (b) make up into separate parcels— (i) the record or records kept of persons who have returned a declaration envelope; (ii) the requests to redirect a postal ballot envelope made under regulation 67; r. 74 -- 43 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 40 (iii) the spoilt ballot-papers and declaration envelopes; (iv) the unsigned declaration envelopes; (v) the declaration envelopes disallowed under regulation 70(4); (vi) the unused declaration envelopes; (c) open the signed declaration envelopes and take out the ballot-papers; (d) make up the signed declaration envelopes into separate parcels and ascertain the number of votes in favour of the proposal, the number of votes against the proposal and the number of informal votes; (e) set aside the informal ballot-papers; (f) make up into separate parcels— (i) the used ballot-papers; (ii) the informal ballot-papers; (iii) the unused ballot-papers; (g) prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of— (i) votes received in favour of the proposal and votes against the proposal; (ii) ballot-papers set aside as informal; (h) make a statement on the outside of each parcel containing— (i) a description of its contents; (ii) the name of the Council; (iii) the name of the counting place; (iv) the date of the count; r. 75 -- 44 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 41 (i) enclose and properly fasten each parcel and sign the statement made under paragraph (h) and permit any scrutineer to sign the statement. (2) As far as is practicable, the returning officer must ensure that a ballot-paper is removed from a signed declaration envelope in a way that prevents any person from seeing how a voter voted. 76. Adjournment of count The returning officer must ensure that the ballot- papers and documents relating to the poll are kept secure during an adjournment of the count. 77. Safe custody of postal ballot materials (1) The returning officer is responsible for the safe custody of postal ballot envelopes and all documents and materials contained in the postal ballot envelopes until they are issued under regulation 65. (2) The returning officer must— (a) keep a record of the number of declaration envelopes that has been printed; and (b) reconcile that number with the number of declaration envelopes which has been issued under regulations 65 and 68 or which have been left unused. 78. Disposal of ballot-papers The returning officer must enclose in one or more separate packets— (a) the parcels of the record or records kept of all persons who have returned a declaration envelope; (b) the parcels of spoilt declaration envelopes; r. 76 -- 45 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 42 (c) the parcels of requests to redirect a postal ballot envelope made under regulation 67; (d) the parcels of unsigned declaration envelopes; (e) the parcels of signed declaration envelopes; (f) the parcels of declaration envelopes disallowed under regulation 70(4); (g) the parcels of unused declaration envelopes. Division 6—Miscellaneous provisions 79. Recount of votes (1) At any time before the result of a poll has been declared, the returning officer— (a) may if he or she thinks fit; or (b) must on the request in writing of any scrutineer— open any sealed parcel containing ballot-papers and recount the ballot-papers. (2) In conducting a recount the returning officer— (a) has the same powers as the deputy returning officer in determining the number of votes for and against the proposal; and (b) may reverse any decision in relation to the allowance and admission or disallowance and rejection of any ballot-paper. (3) One or more scrutineers representing those people in favour of the proposal and one or more scrutineers representing those opposing the proposal may be present at the recount. 80. Safe custody of ballot-papers (1) The returning officer must— r. 79 r. 80 -- 46 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 43 (a) keep a record of the number of ballot-papers that has been printed; and (b) reconcile that number with the number of ballot-papers which have been issued, spoilt or left unused. (2) The returning officer must— (a) certify the record kept under sub-regulation (1) as being true and correct; and (b) submit the record to the Council as soon as is practicable after poll day. 81. Disposal of ballot-papers (1) As soon as practicable after the completion of the count of votes, the returning officer must— (a) enclose in one or more separate packets— (i) the parcels of used ballot-papers; and (ii) the parcels of spoilt ballot-papers; and (iii) the parcels of ballot-papers set aside; and (iv) all parcels, copies of voters' rolls, books or other papers used in connection with the election ; and (b) secure the packets; and (c) write on the packet— (i) a description of the contents; and (ii) the date of polling; and (d) sign the writing on the packet. (2) The returning officer must deliver the parcels to the Chief Executive Officer. (3) The Chief Executive Officer must keep the parcels safely for 3 years. -- 47 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 44 (4) After 3 years the Chief Executive Officer must cause the parcels to be destroyed in his or her presence or in the presence of a deputy returning officer. __________________ r. 81 -- 48 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 45 SCHEDULE PRESCRIBED FORMS Form 1A Shop Trading Reform Act 1996, Schedule 2 Shop Trading Reform (Polls) Regulations 1996, Regulation 4 REQUEST FOR A POLL OF VOTERS ABOUT CLOSURE OF NON-EXEMPT SHOPS ON ALL SUNDAYS I, one of the undersigned, request the Council to conduct a poll of voters on the proposal to require all shops (other than exempt shops under Section 4 and Schedule 1 of the Shop Trading Reform Act 1996) trading within the municipal district to close and be kept closed outside ordinary shop closing times at all times on all Sundays; and I declare that I am enrolled on the voters' roll for the municipal district of ............................... or would be entitled to be so ( insert name of council) enrolled for the poll if the poll were to be conducted on the sixtieth day after the receipt by the council of this request. Name Signature Address in respect of which entitled No. on Roll to be enrolled and vote (BLOCK LETTERS) (BLOCK LETTERS) (if known ) __________________ Sch. -- 49 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 46 Form 1B Shop Trading Reform Act 1996, Schedule 2 Shop Trading Reform (Polls) Regulations 1996, Regulation 4 REQUEST FOR A POLL OF VOTERS ABOUT CLOSURE OF NON-EXEMPT SHOPS ON CERTAIN HOURS ON SUNDAYS I, one of the undersigned, request the Council to conduct a poll of voters on the proposal to require all shops (other than exempt shops under Section 4 and Schedule 1 of the Act) trading within the municipal district to close and be kept closed outside ordinary shop closing times between the hours of............ and ............ on all Sundays; and (insert hours) I declare that I am enrolled on the voters' roll for the municipal district of .............................. or would be entitled to be so enrolled for the poll if the (insert name of council) poll were to be conducted on the sixtieth day after the receipt by the council of this request. Name Signature Address in respect of which entitled to be enrolled and vote No. on Roll (BLOCK LETTERS (BLOCK LETTERS) (if known) __________________ Sch. -- 50 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 47 Form 2 DECLARATION BY A RETURNING OFFICER OR A DEPUTY RETURNING OFFICER Shop Trading Reform Act 1996, Section 6, Regulation 5. Please use BLOCK LETTERS when completing this form. COUNCIL Name ....................................................................... Surname Christian or Given Names Residential Address ....................................................................... .......................................Postcode.................. I declare that I undertake to be— (please tick the box indicating the position you wish to undertake) † a returning officer; or † a deputy returning officer at the poll to be held on ...../...../19.....and declare that I will properly perform my duties and functions. Declared at:— ................................................................. Signature ................................................................. Date ...../...../19..... __________________ Sch. -- 51 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 48 Form 3 SCRUTINEER—APPOINTMENT AND DECLARATION Shop Trading Reform Act 1996, Section 6, Regulation 6. Please use BLOCK LETTERS when completing this form. COUNCIL SCRUTINEER Name ................................................................................ Surname Christian or Given Names Address ............................................................................... .............................................Postcode.................... I, ...........................................declare that— I undertake to be a scrutineer for the poll; Declared at:— ............................................................................. Signature ............................................................................ Date ...../...../19... In the presence of Signature of Returning Officer or Deputy Returning Officer in ................................................................... charge of a polling place Date ...../...../19... __________________ Sch. -- 52 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 49 Form 4 DECLARATION BY UNENROLLED VOTER Shop Trading Reform Act 1996, Section 6, Regulation 7 Please use BLOCK LETTERS when completing this form COUNCIL Name of Applicant ................................................................................ Surname Christian or Given Names Residential Address .............................................................................. ....................................................Postcode............ Address in respect of ............................................................................... which the voter claims.............................................................................. to be entitled to be .....................................................Postcode............ enrolled on the voters' roll Basis of claim of entitlement to be enrolled Date on which you claim to be entitled to be enrolled on the voters' roll Date of Birth ...../...../19... Name—if changed since ............................................................................ you last enrolled to vote Surname Christian or Given Names I declare that— • the information shown above is true and correct; • I am entitled to vote; • I have not already voted at this poll. Signature of Voter .................................................................................. Date ...../...../19... Signature of Deputy returning officer ................................................................................... Date ...../...../19... __________________ Sch. -- 53 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 50 Form 5 DECLARATION BY UNIDENTIFIED VOTER/OR PERSON WHO APPLIES FOR A SECOND BALLOT-PAPER Shop Trading Reform Act 1996, Section 6, regulations 8, 23 and 43. Please use BLOCK LETTERS when completing this form. COUNCIL ............................................................................ Name of Voter ........................................................................... Surname Christian or Given Names Residential Address .......................................................................... ..........................................Postcode.................. Address in respect of ......................................................................... which voter is enrolled ........................................Postcode.................. on the voters' roll Date of Birth ...../...../19... Name—if changed since ................................................................... you last enrolled to vote Surname Christian or Given Names I declare that— † 1. I did not receive a ballot-paper. OR † I am the same person as.......................whose name appears on the voters' roll for..................................................................... [insert Council] 2. I have not voted at this poll. Signature of Voter ....................................................................... Date ...../...../19... Signature of Deputy returning officer ...................................................................... Date ...../...../19... __________________ Sch. -- 54 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 51 Form 6 Shop Trading Reform Act 1996, Schedule 2, Regulation 9 BALLOT-PAPER FOR SHOP TRADING REFORM POLL DIRECTIONS TO VOTER WRITE "YES" OR "NO" in the box provided opposite the question set out below. Council:— ........................................................................................ Proposal: (1) that Council make a local law requiring that all shops (other than exempt shops under Schedule 1 of the Act) trading within the municipal district must close and be kept closed at all times on all Sundays OR (2) that Council make a local law requiring that all shops (other than exempt shops under Schedule 1 of the Act) trading within the municipal district must close and be kept closed between the hours of ....................and ................... on all Sundays. ( Council to insert hours) Are you in favour of the proposal? __________________ Sch. -- 55 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 52 Form 7 APPLICATION FOR POSTAL VOTE Shop Trading Reform Act 1996, Section 11, Regulation 37. Please use BLOCK LETTERS when completing this form. COUNCIL .............................................................................. Name of Applicant .............................................................................. Surname Christian or Given Names Residential Address .............................................................................. ...............................................Postcode................. Address of rateable .............................................................................. land in respect of .............................................................................. which the applicant ...............................................Postcode................. is enrolled Please tick box for your preferred option for obtaining your ballot-paper. † I wish to collect my ballot-paper personally from the Returning Officers's office. † I wish to have the ballot-paper posted to me Address to which ............................................................ ballot-paper is to be ............................................................ sent ...................................Postcode........... I apply for a ballot-paper to vote at the forthcoming poll and declare that— • I am enrolled or entitled to be enrolled on the voters' roll for the forthcoming poll. • I am qualified to vote at the poll. • I have not already voted at this poll. Signature of Applicant .............................................................. Date ...../...../19... __________________ Sch. -- 56 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 53 Form 8 ENDORSEMENT FOR DECLARATION ENVELOPE Shop Trading Reform Act 1996, Section 6, Regulations 39 and 65. Please use BLOCK LETTERS when completing this form. COUNCIL ................................................................................ Voter's Name ................................................................................ Surname Christian or Given Names Date of Birth ...../...../19... Roll No. Application No. I declare that— • I am enrolled or entitled to be enrolled on the voters' roll for this poll. • I have not already voted at this poll. Signature of Voter ................................................................................ Date ...../...../19... __________________ Sch. -- 57 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 54 Form 9 INSTRUCTIONS TO VOTER Shop Trading Reform Act 1996, Section 6, Regulations 39 and 65. 1. A voter must mark his or her vote by writing "yes" or "no" in the box provided opposite the question set out. 2. A voter who is sight impaired, ill, disabled or has insufficient language skills to mark the ballot-paper without assistance can seek the assistance of another person when marking the ballot-paper or instruct another person to mark the ballot-paper on his or her behalf. 3. After marking the ballot-paper a voter must— (a) inset the ballot-paper in the declaration envelope provided and seal the envelope; and (b) sign his or her name on the declaration envelope in the place provided and fill in the date in the place provided. 4. A voter must then post or deliver the ballot-paper contained in the declaration envelope to the returning officer at the address on the envelope so as to reach the returning officer before the close of the poll or deliver it during the hours of polling on poll day to any polling place within the municipal district. A VOTER IS NOT REQUIRED TO VOTE IN THE PRESENCE OF A WITNESS OR TO SIGN THE DECLARATION ENVELOPE IN THE PRESENCE OF A WITNESS. __________________ Sch. -- 58 of 59 -- S.R. No. 134/1996 Shop Trading Reform (Polls) Regulations 1996 55 Form 10 APPLICATION FOR REGISTRATION OF HOW-TO-VOTE CARD Shop Trading Reform Act 1996, Section 6, Regulation 56. Please use BLOCK LETTERS when completing this form. COUNCIL ............................................................................... Name of Applicant ............................................................................... Surname Christian or Given Names Address .............................................................................. .............................................................................. .............................................Postcode................... If the how-to-vote card contains a section in a language other than English, I submit an English translation of the section and I declare that the translation is a fair translation. Signature of Applicant .................................................................. Date ...../...../19... Signed before me .................................................................. (Insert name of returning officer) Signature of Returning Officer .................................................................. Date ...../...../19... ═══════════════ Sch. -- 59 of 59 --