Commonwealth Electoral Act 1902

Legislation au C1902A00019 Not in force Act

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COMMONWEALTH ELECTORAL.

 

No. 19 of 1902.

An Act to regulate Parliamentary Elections.

[Assented to 10th October, 1902.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title

  1. This Act may be cited as the Commonwealth Electoral Act 1902.

Parts.

2. This Act is divided into Parts as follows:

Part I.— Preliminary, ss. 1-4.

Part II.— Administration, ss. 5-11.

Part III.— Electoral Divisions, ss. 12-23.

Part IV.— Polling Places, ss. 24-26.

Part V.— Electoral Rolls, ss. 27-54.


Part VI.—Additions to Rolls, Transfers, and Alterations of Rolls, ss. 55-66.

Part  VII.—Revision Courts, ss. 67-85.

Part VIII.—Writs for Elections, ss. 86-93.

Part IX.—The Nominations, ss. 94-108.

Part X.—Voting by Post, ss. 109-122.

Part XI.—The Polling, ss. 123-153.

Part XII.—The Scrutiny, ss. 154-164.

Part XIII.—The Return of the Writs, ss. 165-168.

Part XIV.—Limitation of Electoral Expenses, ss. 169-172.

Part XV.—Electoral Offences, ss. 173-191.

Part XVI.—Court of Disputed Returns, ss. 192-206.

Part XVII.—Miscellaneous, ss. 207-210.

Interpretation.

3. In this Act unless the contrary intention appears—

“Candidate” in Parts II. XIV. and XV. includes any person who within three months before the day of election offers himself for election as a member of the Senate or the House of Representatives:

“Division” means an Electoral Division for the election of a member of the House of Representatives:

“Elector” means any person whose name appears on a Roll as an elector:

“Justice of the Peace” means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State:

“Minister” means the Minister for Home Affairs:

“Officer” includes the Chief Electoral Officer for the Commonwealth, any Commonwealth Electoral Officer for a State, Returning Officer, Assistant Returning Officer, Electoral Registrar, Presiding Officer, and Poll Clerk:

“Prescribed” means prescribed by this Act or the regulations:

“Registrar-General of Deaths” means the chief official in any State, by whatever name he is called, who is charged with the duty of registering deaths occurring in that State:

“Returning Officer” includes Divisional Returning Officer and Assistant Returning Officer:

“Roll” means an Electoral Roll under this Act.

Application of Act.

4. This Act shall not apply to the election of a new Member to fill any vacancy happening in the House of Representatives during the continuance of the present House of Representatives.

Part II.—Administration.

Chief Electoral Officer.

5. There shall be a Chief Electoral Officer for the Commonwealth who shall under the Minister be responsible for the execution of this Act throughout the Commonwealth.

Commonwealth Electoral Officers for the States.

6. There shall be a Commonwealth Electoral Officer for each State who shall subject to the directions of the Chief Electoral Officer for the Commonwealth be the principal electoral officer in the State


Divisional Returning Officers.

7. There shall be a Divisional Returning Officer…

Overview

The Commonwealth Electoral Act 1902 was enacted to establish the legal framework for parliamentary elections in Australia, governing all aspects of the electoral process from the administration of elections to the conduct of polling and the scrutiny of votes. The Act was introduced to address the need for a unified and comprehensive set of rules to ensure the orderly and fair conduct of elections under the newly established Commonwealth of Australia. Enacted by the Parliament of Australia, the Act aims to regulate the conduct of elections to the Parliament, including the procedures for nomination, voting, and the resolution of disputes. The legislation provides a detailed process for the preparation and management of electoral rolls, the conduct of elections, and the resolution of electoral disputes, ensuring the integrity and fairness of the electoral process.

Scope and Application

The Commonwealth Electoral Act 1902 applies to the regulation of parliamentary elections within the Commonwealth of Australia. It encompasses the processes, procedures, and rules governing the conduct of elections for the Senate and the House of Representatives, including the administration of electoral rolls, the nomination and election of candidates, the conduct of polling and voting, and the resolution of disputes related to elections. The Act applies to all eligible electors and candidates participating in federal elections, as well as to officials and officers responsible for overseeing and executing the electoral process, such as Electoral Officers, Returning Officers, and Registrars. The Act extends to all states and territories within Australia, as it is a Commonwealth Act. However, it excludes the election of new Members to fill vacancies in the House of Representatives during the term of the existing House. The Act can be extended or modified through subordinate instruments, such as regulations and rules made under its authority.

Key Provisions

  • The Commonwealth Electoral Act 1902 (Cth) establishes the rules for federal parliamentary elections in Australia. The Act is divided into 17 parts, covering topics such as the administration of elections, electoral divisions, electoral rolls, nominations, voting procedures, and electoral offences. Key provisions include:
  • 1. The Act provides for the election of members to the Senate and House of Representatives. The number of Senators and members elected is determined by the Constitution.
  • 2. The Commonwealth Electoral Officer and Divisional Returning Officers are responsible for administering elections. They are responsible for tasks such as preparing electoral rolls, issuing writs, receiving nominations, and counting votes.
  • 3. Electoral rolls are prepared for each electoral division. Eligible voters must be enrolled on the roll for the division in which they reside. Rolls are revised periodically to remove ineligible voters and add eligible voters.
  • 4. Candidates must be nominated and meet the constitutional qualifications to be elected. Nominations are received within a set period after the issue of the writ.
  • 5. Voting takes place at designated polling places. Voters mark their ballots privately and deposit them in the ballot box. The votes are then counted and the results declared.
  • 6. The Act sets out various electoral offences and penalties for breaches, such as bribery, undue influence, illegal practices, and personating another voter. Penalties range from fines to imprisonment.
  • 7. The Court of Disputed Returns has jurisdiction to hear disputes regarding the validity of elections and returns. Its decisions are final and conclusive.
  • So in summary, the Commonwealth Electoral Act 1902 establishes the framework for federal parliamentary elections in Australia, covering topics such as the administration of elections, voter eligibility, nominations, voting procedures, and penalties for electoral offences. The Act aims to ensure free, fair and orderly elections in accordance with the Constitution.

Legal classification tags

Area of Law
Electoral Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Offence Provisions
Electoral Offences
Electoral Divisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.