Commonwealth Electoral Act 1962 (Cth)

COMMONWEALTH ELECTORAL.

No. 31 of 1962.

An Act to give to Aboriginal Natives of Australia the right to Enrol and to Vote as Electors of the Commonwealth, and to provide for certain Offences in relation thereto.

[Assented to 21st May, 1962.]

[Date of commencement, 18th June, 1962.]

BE it enacted by the Queen’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 1962.

(2.) The Commonwealth Electoral Act 1918–1961 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 1918–1962.

Persons entitled to enrolment and to vote.

2. Section thirty-nine of the Principal Act is amended by omitting sub-section (6.).

 

Compulsory enrolment and transfer.

3. Section forty-two of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5.) This section does not apply to a person who is an aboriginal native of Australia except to the extent that such a person may, if he so chooses, comply with sub-section (1.) of this section.”.

Bribery.

4. Section one hundred and fifty-six of the Principal Act is amended—

(a) by inserting after paragraph (a) the following paragraph:—

“(aa) promises, offers or suggests any valuable consideration, advantage, recompense, reward or benefit for or on account of, or to induce—

(i) any enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia; or

(ii) any promise of any such enrolment or refraining from any such enrolment;”; and

(b) by omitting from paragraph (b)the words “or opposition” and inserting in their stead the words “opposition, enrolment or refraining from enrolment referred to in either of the last two preceding paragraphs “,

Bribery to include certain acts.

5. Section one hundred and fifty-seven of the Principal Act is amended by adding at the end thereof the words “or the supply of meat, drink, entertainment or transport with a view to influencing enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia”.

Undue influence.

6. Section one hundred and fifty-eight of the Principal Act is amended—

(a) by omitting from paragraph (a) the word “or” (last occurring);

(b)by inserting after paragraph (a) the following paragraph:—

“(aa) threatens, offers or suggests any violence, injury, punishment, damage, loss or disadvantage for or on account of, or to induce—

(i) any enrolment, or refraining from enrolment, as an elector by an aboriginal native of Australia; or

(ii) any

 

(ii) any promise of any such enrolment or refraining from any such enrolment; or”; and

(c) by omitting from paragraph (b) the words “or opposition” and inserting in their stead the words “opposition, enrolment or refraining from enrolment referred to in either of the last two preceding paragraphs”.

Undue influence to include certain acts.

7.