Commonwealth Electoral Act 1946 (Cth)

COMMONWEALTH ELECTORAL.

 

No. 42 of 1946.

An Act to amend the Commonwealth Electoral Act 1918-1940, and for other purposes.

[Assented to 15th August, 1946.]

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 1946.

(2.) The Commonwealth Electoral Act 1918-1940 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 1918-1946.

Commencement.

2.—(1.) This Act shall come into operation on the day on which it receives the Royal Assent.

(2.) The sections inserted in the Principal Act by this Act shall commence on the day on which this Act receives the Royal Assent.

Validation.

3. Each section inserted in the Commonwealth Electoral Act 1918, or in that Act as amended, by the Commonwealth Electoral Act 1919, the Commonwealth Electoral Act 1921, the Commonwealth Electoral Act 1922, the Commonwealth Electoral Act 1924, the Commonwealth Electoral Act 1925, the Commonwealth Electoral Act 1928, the Commonwealth Electoral Act 1934 or the Commonwealth Electoral Act 1940, shall be deemed to have commenced on the date of commencement of the section by which it was so inserted.

4. Sections one hundred and forty-five and one hundred and forty-six of the Principal Act are repealed and the following sections inserted in their stead:—

Rates of expenditure.

“145. A candidate shall not, in respect of any candidature, incur or authorize electoral expenses exceeding in the aggregate—

(a)in the case of a Senate election—Five hundred pounds; or

(b) in the case of a House of Representatives election—Two hundred and fifty pounds.

Expenses allowed.

“146. A candidate shall not, in respect of any candidature, incur or authorize any electoral expense except in respect of—

(a) advertising and broadcasting;

(b) publishing, issuing, distributing and displaying addresses, notices, posters, pamphlets, handbills and cards;

 

(c) stationery, telephones, messages, postages and telegrams;

(d) committee rooms;

(e) public meetings and places therefor; and

(f) scrutineers.”.

5. After section one hundred and sixty-four a of the Principal Act the following section is inserted:—

Display of certain electoral posters prohibited.

“164b.—(1.) A person shall not post up or exhibit, or permit or cause to be posted up or exhibited, on any building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water or in the air)—

(a)an electoral poster the area of which is more than sixty square inches; or

(b) any electoral poster in combination with any other such poster if the aggregate area of those posters exceeds sixty square inches.

Penalty: One hundred pounds.

“(2.) A person shall not write, draw or depict any electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water or in the air).

Penalty: One hundred pounds.

“(3.) Nothing in this section shall prohibit the projection by means of any cinematograph or other similar apparatus of any electoral matter on to any screen in any theatre, hall or premises used for public entertainment.

“(4.) In this section—

‘electoral matter’ means any matter intended or calculated to affect the result of an election or referendum held or to be held under any law of the Commonwealth;

• ‘electoral poster’

   means any material whatsoever on which any electoral matter is written, drawn or depicted.”.