COMMONWEALTH ELECTORAL.
No. 31 of 1919.
AN ACT
To amend the Commonwealth Electoral Act 1918.
[Assented to 28th October, 1919.]
BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1.) This Act may be cited as the Commonwealth Electoral Act 1919.
(2.) The Commonwealth Electoral Act 1918 is in this Act referred to as the Principal Act.
(3.) The Principal Act as amended by this Act may be cited as the Commonwealth Electoral Act 1918-1919.
Assistant Returning Officers.
2. Section nine of the Principal Act is amended by inserting in sub-section (1.) thereof after the words “postal voting” the words “or, in the case of an Assistant Returning Officer in a Territory of the Commonwealth, such powers as are prescribed”.
3. Section seventy-six of the Principal Act is repealed and the following section inserted in its stead:—
Deposit to be forfeited in certain cases.
“76. The deposit made by or on behalf of a candidate at a Senate election or at a House of Representatives election shall be
retained pending the election, and after the election shall be returned to the candidate, or to some person authorized by him in writing to receive it, if he is elected, or—
(a) in the case of a Senate election, if the total number of votes polled in his favour as first preferences is more than one-tenth of the average number of first preference votes polled by the successful candidates in the election; or
(b) in the case of a House of Representatives election, if the total number of votes polled in his favour as first preferences is more than one-fifth of the total number of first preference votes polled by the successful candidate in the election,
otherwise it shall be forfeited to the King.”.
Application for a postal vote certificate and postal ballot-paper.
4. Section eighty-five of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1.) thereof and inserting in their stead the following paragraphs:—
“(a) will not throughout the hours of polling on polling day be within the State for which he is enrolled;
(b) will not throughout the hours of polling on polling day be within ten miles by the nearest practicable route of any polling booth open in the State for which he is enrolled for the purposes of an election;
(bb) will throughout the hours of polling on polling day be travelling under conditions which will preclude him from voting at any polling booth in the State for which he is enrolled; or”.
Authorized witnesses.
5. Section eighty-six of the Principal Act is amended by inserting in paragraph (a) of sub-section (1.) thereof after the word “State” (last occurring) the words
Overview
The Commonwealth Electoral Act 1919, enacted by the Parliament of Australia, was introduced to amend the Commonwealth Electoral Act 1918. This Act brought several modifications to the electoral process, including changes to the powers of Assistant Returning Officers in territories, the forfeiture of deposits under certain electoral conditions, the criteria for obtaining a postal vote certificate, the marking of votes in Senate elections, and the scrutiny of votes in both Senate and House of Representatives elections. The policy objective of these amendments was to refine the electoral procedures and ensure a more structured and transparent process in federal elections.
Scope and Application
The Commonwealth Electoral Act 1919 applies to the Commonwealth of Australia and primarily concerns the conduct of federal elections. It amends the Commonwealth Electoral Act 1918, which is referred to as the Principal Act, to include several changes related to the election process, including the roles and responsibilities of Assistant Returning Officers, the procedures for applying for a postal vote certificate and ballot-paper, the marking of votes, and the scrutiny of votes in Senate and House of Representatives elections. This Act extends to all persons and entities involved in the federal electoral process, including candidates, electors, and electoral officers. There are no explicit exclusions or thresholds mentioned in the text, though certain provisions, such as those related to postal voting and marking of votes, inherently apply only to specific circumstances and participants. The application of the Act may be further detailed through subordinate instruments, though these are not specified in the text.
Key Provisions
- The Commonwealth Electoral Act 1919 amends the Commonwealth Electoral Act 1918 in several key ways. Firstly, section 2 of the 1919 Act amends the Principal Act by inserting additional powers for Assistant Returning Officers in Territories of the Commonwealth. Section 76 replaces the previous section on deposit forfeiture, stipulating that a candidate's deposit is forfeited unless certain vote threshold criteria are met. The Act also modifies the conditions under which an elector can apply for a postal vote certificate and ballot-paper (section 4), expands the category of authorized witnesses (section 5), and specifies where electors may vote (section 6). For Senate elections, section 7 outlines new voting procedures and ballot-paper markings, while section 8 redefines what constitutes an informal ballot-paper. The scrutinies for Senate and House of Representatives elections are detailed in sections 9 and 10, respectively, with procedures for handling informal ballot-papers and counting votes to determine candidates' election.
- The Act imposes several obligations on parties and entities it governs. Assistant Returning Officers must now conduct scrutinies in accordance with the new provisions, ensuring all ballot-papers are properly handled and counted. Candidates must comply with the new voting procedures and ballot-paper markings for Senate elections. Electors applying for postal vote certificates and ballot-papers must meet the updated eligibility criteria. Furthermore, authorized witnesses now include all Naval Commissioned Officers in the service of the Commonwealth while employed on a ship of war.
- Breaching the provisions of this Act can result in various consequences. For instance, failure to properly conduct scrutinies or handle ballot-papers as outlined can lead to election disputes or invalid election results. Candidates failing to adhere to the new voting procedures and ballot-paper markings may have their votes incorrectly counted or their candidacy affected. However, the Act does not explicitly state civil or criminal penalties for these breaches, implying that the consequences would largely stem from the election outcomes or subsequent legal actions rather than specific fines or imprisonment.
- Area of Law
- Elections & Political Processes
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Compliance Obligations
- Scrutiny of Votes
