COMMONWEALTH ELECTORAL.
No. 9 of 1934.
An Act to amend sections three, twenty-nine, forty-one, forty-seven, ninety-three, one hundred and twenty-three, one hundred and thirty-three, one hundred and thirty-five, one hundred and seventy-seven and two hundred and twelve of, and the Schedule to, the Commonwealth Electoral Act 1918-1929, and relating to Enrolment and the Removal of Names from Electoral Rolls.
[Assented to 27th July, 1934.]
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 1934.
(2.) The Commonwealth Electoral Act 1918–1929 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 1918–1934.
Repeal.
2. Section three of the Principal Act is amended by omitting sub-section (3.) thereof.
Electoral Rolls
3. Section twenty-nine of the Principal Act is amended by omitting sub-section (2.) thereof.
Claims for enrolment or transfer of enrolment.
4. Section forty-one of the Principal Act is amended by adding at the end of sub-section (3.) the words “, or to have his name placed on a Roll in respect of any address other than the address at which he is living at the date of lodgment of the claim.”
Alteration of Rolls.
5. Section forty-seven of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—
“(2.) Where the name of an elector has, pursuant to a claim, been incorrectly placed on the Roll for a Subdivision other than the
Subdivision in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the Roll for the Subdivision in which he was living—
(a) if the two Subdivisions are in the same Division, the Divisional Returning Officer may direct the Registrar keeping the Roll on which the elector is enrolled to remove the name of the elector from that Roll, and the Registrar keeping the Roll for the Subdivision in which the elector is living to place the name of the elector on that Roll and to notify the elector of the change of enrolment, and the respective Registrars shall comply with those directions accordingly; and
(b) if the two Subdivisions are not in the same Division, the Commonwealth Electoral Officer shall forward a certificate setting forth the facts to the Divisional Returning Officer for the Division in which the elector is enrolled and to the Divisional Returning Officer for the Division in which the elector is living, and thereupon the Divisional Returning Officer for the Division for which the elector is enrolled shall direct the Registrar keeping the Roll on which the elector is enrolled to remove the name of the…
Overview
The Commonwealth Electoral Act 1934, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, serves as an amendment to the Commonwealth Electoral Act 1918–1929. The 1934 Act addresses issues related to enrolment and the removal of names from electoral rolls, with a focus on ensuring that individuals are correctly placed on the electoral roll for the appropriate division. It also introduces measures to manage the marking of votes in Senate elections, the scrutiny of votes, and the handling of disorderly behaviour at meetings. The objective of the Act is to refine and update the electoral processes to ensure their integrity and efficacy.
This legislative amendment was introduced to address discrepancies and inefficiencies in the electoral process, particularly regarding the enrolment of voters and the accuracy of electoral rolls. By amending and adding to the Principal Act, the 1934 Act seeks to clarify and enhance the procedures for enrolment, the correction of enrolment errors, and the handling of votes in Senate elections. The changes reflect a commitment to maintaining the accuracy and fairness of the electoral system in Australia.
Scope and Application
The Commonwealth Electoral Act 1934 applies to all individuals and entities involved in the electoral process within the Commonwealth of Australia. This includes Australian citizens eligible for enrolment on electoral rolls, electoral officers responsible for managing the electoral process, and candidates participating in Commonwealth elections. The Act governs various aspects of enrolment, the maintenance of electoral rolls, and the conduct of elections, ensuring compliance with electoral laws and procedures. Geographically, the Act extends to the entire Commonwealth, encompassing all states and territories of Australia. It includes provisions for the amendment of the Commonwealth Electoral Act 1918-1929, specifically addressing enrolment and the removal of names from electoral rolls. Certain exclusions or exemptions are not explicitly detailed in the provided text, but the Act’s focus on enrolment and roll management suggests that it primarily excludes those not eligible for enrolment or not participating in the electoral process. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines issued under its authority, although specific details on such instruments are not provided in the text.
Key Provisions
- The Commonwealth Electoral Act 1934 (Act) primarily amends sections of the Commonwealth Electoral Act 1918-1929 (Principal Act) concerning enrolment, the removal of names from electoral rolls, and the marking of votes in Senate elections. Under section 29, the Act removes subsection (2) which previously outlined certain conditions for enrolment, while section 41 allows for claims to have one's name placed on a roll at an address other than the one currently lived at the time of the claim. Section 47A allows for the removal of incorrectly enrolled individuals, while section 93 imposes a penalty of one hundred pounds or six months imprisonment on an authorized witness who influences a voter's post vote.
- The Act imposes various obligations on parties involved in the electoral process. For instance, section 47 mandates the Divisional Returning Officer to direct the Registrar to move an incorrectly enrolled elector to the correct roll, while section 47A allows the Divisional Returning Officer to remove an ineligible elector from the roll. Section 123 requires voters to number their preferences in a specific manner when casting a Senate vote, and section 133 clarifies the conditions under which a ballot paper is considered informal.
- Failure to comply with the provisions of the Act may result in civil or criminal consequences. Section 47A allows for the removal of an ineligible elector from the roll, while section 177 imposes penalties on individuals who disrupt an electoral meeting. Specifically, section 177(4) states that any person who returns to a meeting room after being removed commits an offence and may be fined ten pounds or imprisoned for one month. Additionally, section 93 imposes a penalty of one hundred pounds or six months imprisonment on an authorized witness who influences a voter's post vote.
- Area of Law
- Elections & Political Processes
- Instrument
- Amending Act
- Concepts
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Prohibited Conduct
- Administrative Discretion