COMMONWEALTH ELECTORAL.
No. 17 of 1928.
An Act to amend the Commonwealth Electoral Act 1918–1925.
[Assented to 22nd June, 1928.]
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 1928.
(2.) The Commonwealth Electoral Act 1918–1925 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 1918–1928.
Persons entitled to enrolment and to vote.
2. Section thirty-nine of the Principal Act is amended—
(a) by omitting sub-section (2.) thereof; and
(b) by omitting the two provisos to sub-section (3.) and inserting in their stead the following proviso:—
“Provided that an elector shall not be entitled to vote as an elector of the Division in respect of which he is enrolled unless his real place of living was at some time within three months immediately preceding polling day within that Division. In this proviso the words ‘real place of living’ include the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.”.
Claims for enrolment or transfer of enrolment.
3. Section forty-one of the Principal Act is amended—
(a) by omitting from paragraph (a) of sub-section (4.) the word “and” (last occurring); and
(b) by adding at the end of paragraph (b) of sub-section (4.) the words—“and
(c) any Senator or Member of the House of Representatives whose name is enrolled in accordance with the provisions of this sub-section may vote as an elector of the Subdivision in respect of which he is so enrolled.”.
Place of nomination.
4. Section seventy-seven of the Principal Act is amended by omitting from sub-section (2.) the words “chief polling place” and inserting in their stead the words “office of the Divisional Returning Officer”.
5. Section eighty-three of the Principal Act is repealed, and the following section inserted in its stead:—
Death of candidate after nomination.
“83.—(1.) If after the nominations for an election for the Senate have been declared and before polling day any candidate dies and the candidates remaining are not greater in number than the candidates required to be elected, they shall forthwith be declared to be elected and the writ returned.
(2.) If after the nominations for an election for the House of Representatives have been declared, and before polling day, any candidate dies, the election shall be deemed to have wholly failed.”.
Failure of election.
6. Section eighty-four of the Principal Act is amended by adding at the…
Overview
The Commonwealth Electoral Act 1928 was enacted to amend the Commonwealth Electoral Act 1918–1925, addressing various issues related to electoral processes. This Act was assented to on 22nd June, 1928, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to enhance the integrity and efficiency of electoral procedures. The Act refines the criteria for voter eligibility, streamlines the process for claims and transfers of enrolment, and adjusts the rules for nominations, postal voting, and the scrutiny of votes. These amendments aim to ensure that elections are conducted in a manner that is both fair and reflective of the democratic principles underpinning the Australian electoral system.
Scope and Application
The Commonwealth Electoral Act 1928 amends the Commonwealth Electoral Act 1918–1925 to refine the electoral processes and eligibility criteria for Australian voters. The Act applies to all persons entitled to enrolment and to vote in Commonwealth elections, including Senators and Members of the House of Representatives, and extends to the entire Commonwealth of Australia. It specifies eligibility for voting based on residency and citizenship criteria, as well as the procedures for enrolment, nomination, and postal voting. The Act excludes certain individuals from being authorised witnesses for postal voting processes, particularly those who are candidates in the election. Furthermore, the Act includes provisions for the scrutiny of postal ballot papers and the handling of votes from impaired voters, ensuring that electoral processes are accessible and fair. While the Act sets out the primary rules governing federal elections, it also allows for further regulation through subordinate instruments, which may include regulations or guidelines issued under the authority of the Act.
Key Provisions
- The Commonwealth Electoral Act 1928 amends the Commonwealth Electoral Act 1918-1925, introducing several key provisions. Firstly, Section 2 amends Section 39 of the Principal Act, stipulating that an elector must have their real place of living within the Division they are enrolled in for at least three months before polling day to be eligible to vote. Section 3 modifies Section 41, allowing Senators or Members of the House of Representatives enrolled in a Subdivision to vote as electors in that Subdivision. Section 4 changes the location for candidate nominations from the chief polling place to the office of the Divisional Returning Officer. Section 5 replaces Section 83, establishing that if a Senate candidate dies after nominations but before polling day and there are insufficient remaining candidates, the remaining candidates are declared elected. Conversely, if a House of Representatives candidate dies under the same conditions, the election is deemed to have failed.
- The Act imposes several obligations on parties and entities it governs. Section 7 alters Section 85, reducing the number of days before polling day that an elector can apply for a postal vote from ten to five and changing the term "authorized witness" to "elector." Section 8 repeals Section 86, and Section 9 updates Section 87 to replace "authorized witness" with "elector." Section 10 modifies Section 91a by changing the wording regarding electors who have not received postal vote certificates. Section 11 introduces Section 91b, which lists authorized witnesses, prohibiting candidates from acting as witnesses.
- Section 12 amends Section 92, detailing procedures for postal voting, including provisions for electors with impaired sight. Section 13 modifies Section 93a, expanding the penalty for unlawfully marking a postal ballot-paper to include a person appointed by the elector. Section 14 amends Section 94, extending penalties for failure to post or deliver a postal vote application or ballot-paper to Assistant Returning Officers and presiding officers. Section 15 revises Section 95, emphasizing the duty of persons present when an elector votes by post to refrain from interfering with the elector’s vote.
- Regarding offences, penalties, and consequences for breach, Section 17 amends Section 111 to allow scrutiny of votes immediately after the close of the poll without the need for the presiding officer to publicly close the ballot-box. Section 18 modifies Section 115, updating the questions to be put to voters and the conditions under which their claim to vote shall be rejected. Section 20 amends Section 121, expanding the circumstances under which a voter's claim to vote may be rejected. Section 21 revises Section 128a, modifying the penalty for failing to vote from a fixed amount to a range between ten shillings and two pounds. Section 27 adds a new provision to Section 161, criminalizing the act of falsely informing an elector that they are not enrolled or not enrolled for a particular Subdivision. Finally, Section 30 amends Section 215, clarifying that certain newspaper publications are exempt from the requirements of Section 164.
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Offence Provisions
- Enforcement Powers
