Australian Capital Territory (Electoral) Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 1861

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Australian Capital Territory (Electoral) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Capital Territory (Electoral) Act 1988.

Dated 28 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

CLYDE HOLDING

Minister of State for the Arts,

Tourism and Territories

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Capital Territory (Electoral) Regulations.

2. After regulation 21 of the Principal Regulations the following regulation is inserted:

Action where form not returned etc.

“21a. (1) Where an elector to whom a notice has been sent under subsection 245 (4) of the Electoral Act:

(a) does not return the form required by that subsection on or before the date specified in accordance with subsection 245 (5) of that Act; or

 

(b) returns the form on or before that date but the form does not in the opinion of the Divisional Returning Officer show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against the elector;

the Divisional Returning Officer shall, after making the endorsement under subsection 245 (8) or (10) of the Electoral Act, as the case requires, send by post to the elector a notice in accordance with Form 3.

“(2) Where in relation to a general election a notice has been sent to an elector in accordance with subregulation (1) and before the end of 28 days after the date specified in the notice in accordance with subsection 245 (5) of the Electoral Act, the penalty of $20 is paid in accordance with the notice:

(a) any liability of the elector in relation to that election for an offence under paragraph 245 (12) (a) or (b) of the Electoral Act shall be taken to have been discharged;

(b) no further proceedings shall be taken in respect of the offence; and

(c) the elector shall not be regarded as having been convicted of the offence.”.

Schedule

3. The Principal Regulations are amended by adding at the end the following Form:

FORM 3 Subregulation 21a (1)

COMMONWEALTH OF AUSTRALIA

Australian Capital Territory (Electoral) Act 1988

NOTICE TO ELECTOR

To (full name and address of elector)

You are notified

* that the form returned by you in relation to your apparent failure to vote at the general election held on Saturday  does NOT in my opinion, show cause why proceedings should not be taken against you for failing to vote at that election.

* that from my records it appears:

(a) that you have failed to vote at the general election held on Saturday  ; and

(b) that you have not returned to me the form showing cause why proceedings for failing to vote should not be taken against you.

You may dispose of the matter by:

(a) paying a penalty of $20 to the Electoral Commissioner at the Australian Electoral Commission, West Block, Canberra within 28 days after the date of this notice; or

(b) having the matter dealt with by the Magistrates Court where the maximum penalty is $50 plus court costs.

Divisional Returning Officer

for the Division of

Dated 19 .

*Omit whichever is inapplicable.

Application

4. The amendments effected by these Regulations apply to offences committed in relation to a general election held before or after the commencement of these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 July 1989.

2. Statutory Rules 1989 No. 2.