Parliamentary Electorates and Elections Act 1912 No 41
Historical version for 28 April 2010 to 16 September 2010 (accessed 19 May 2013 at 00:32) Current version
Part 5Division 15

Division 15 Adjournment of poll

130   When polling may be adjourned etc

(1)  When the proceedings for taking the poll at any election are interrupted or obstructed at any place by any riot or open violence, the returning officer or polling place manager (as the case may be) shall not for such cause finally close the poll, but shall adjourn the taking of the poll at the polling place at which such interruption or obstruction has happened to the following day; and, if necessary, such returning officer or polling place manager shall further adjourn such poll from day to day until such interruption or obstruction have ceased, when such returning officer or polling place manager shall again proceed with the taking of the poll at the place at which the same may have been so interrupted or obstructed.
(2)  If the returning officer or polling place manager (as the case may be) fails to open the polling at any booth of a polling place for one half-hour after the time appointed for the same, or if he or she becomes incapable of performing his or her duties from any cause after polling has opened, and for a period of one half-hour, then in each and every such case the election official (if one be present) or the senior election official (if more than one be present) shall be and is hereby empowered to act as and for such returning officer or polling place manager in respect of all matters required to be done by such returning officer or polling place manager in respect of such polling. And such election official so acting may forthwith appoint an election official to assist him or her in the conduct of such polling.
(3)  If from any other cause than riot or open violence no polling has been opened at any booth of a polling place for any district on the appointed day or where the polling has been opened but from the absence of necessary forms, documents, or materials the poll cannot be proceeded with, the polling at such booth shall be by the returning officer or polling place manager (as the case may be) adjourned to a day not later than twenty-one clear days following such appointed day; and the returning officer or polling place manager (as the case may be) shall forthwith cause public notice to be given thereof.
(4)  Where but for this section:
(a)  a poll for an election for a district and a poll for a periodic Council election would be required to take place on the same day, and
(b)  the taking of either poll at any place is adjourned,
      the other poll is adjourned at that place, and the day for the taking of both adjourned polls at that place shall be the same day.

131   Notice of adjournment to be given

(1)  Where any poll has been so adjourned by any polling place manager, such polling place manager shall forthwith give notice thereof to the returning officer; and in every such case, and also where any polling stands adjourned as mentioned in section 130, the returning officer or Electoral Commissioner as the case may be shall not notify the total number of votes given or finally declare the result of the election until the poll so adjourned has been finally closed and the ballot papers transmitted to the returning officer or Electoral Commissioner as the case may be.
(2)  Whenever a poll has been adjourned at any place within an electoral district, the returning officer for that district shall forthwith give notice of the adjournment to the Electoral Commissioner, who may give public notice of the adjournment in such manner as the Commissioner thinks fit.

131A   Votes at adjourned poll

Where the poll has been adjourned at one or more booths within a subdivision or subdivisions within an electoral district, only those electors who are enrolled for the subdivision or subdivisions within which the booth or booths is or are situated shall be entitled to vote as provided in this Act at the adjourned poll.

132   Limits of adjournments

No adjournment of the proceedings at any election shall be made or extend to the day named as the return day in the writ for such election, and if the polling has not been completed before the day named, the returning officer or the Electoral Commissioner, as the case may require, shall forthwith indorse that fact upon the writ, and shall return the same.
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