The following memorandum by the Chief Electoral Officer has been referred by the Secretary to the Department of Home Affairs to me for advice:

It is suggested that the steamer Excelsior shall be appointed a polling place, under the Commonwealth Electoral Act, for the Division of Capricornia, in the State of Queensland, and that the vessel shall call at-

1. Port Alma,
2. Pilot Station,
3. Balaclava,
4. Cape Capricornia [sic] and
5. Sea Hill,

and thus afford electors at these places an opportunity of recording their votes. It is stated that upwards of fifty electors would be convenienced. I shall be glad of advice as to whether this course would be legal.

1 think that the Act contemplates only the appointment of definite fixed localities, being parts of the Commonwealth, as polling places.

Each polling place may have a polling place area attached to it, and may have a Roll of its own.

A steamer is not a part of the Commonwealth for the purposes of the Act and it might at any time be taken out of the jurisdiction of the Commonwealth.

Prior to the amendment of the Act in 1911 it was perfectly clear that a polling place must be a definite locality from which distance could be measured.

I do not think the amendments made in 1911 altered the construction of the Act as regards polling places.

I am of opinion therefore that the course suggested would not be legal.

[Vol. 11, p. 122]