Commonwealth Electoral Legislation Amendment Act 1984
No. 45 of 1984
An Act relating to representation in the Parliament, Parliamentary elections and related matters
[Assented to 25 June 1984]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Commonwealth Electoral Legislation Amendment Act 1984.
Commencement
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
(2) Sub-section 3 (2) and section 7 shall be deemed to have come into operation on 21 February 1984.
(3) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
Substantive amendments of Commonwealth Electoral Acts
3. (1) The Commonwealth Electoral Act 19181 is amended as set out in Part I of Schedule 1.
(2) The Commonwealth Electoral Legislation Amendment Act 19832 is amended as set out in Part II of Schedule 1.
Formal amendments of Commonwealth Electoral Act and amendment of Form E
4. (1) The Commonwealth Electoral Act 19181 is amended as set out in Schedule 2.
(2) Form E in the Schedule to the Commonwealth Electoral Act 19181 is omitted and the form set out in Schedule 3 to this Act is substituted.
Re-numbering and re-lettering of Commonwealth Electoral Act
5. (1) In this section—
“provision” includes a paragraph of a section or of a sub-section of a section, a sub-paragraph of a paragraph of a section or sub-section and a Schedule;
“the amended Act” means the Commonwealth Electoral Act 1918 as amended by Schedules 1, 2 and 3 of this Act.
(2) The amended Act is further amended as provided by this section.
(3) The several Parts of the amended Act are re-numbered so that they bear consecutive capital roman numerals commencing with “I”.
(4) The several sections of the amended Act are re-numbered in a single series so that they bear consecutive arabic numerals commencing with “1”.
(5) The several sub-sections of each section of the amended Act are re-numbered so that they bear consecutive arabic numerals enclosed in brackets commencing with “(1)”.
(6) The several paragraphs of each section, or of each sub-section of each section, of the amended Act are re-lettered so that they bear lower case letters in alphabetical order enclosed in brackets commencing with “(a)” but omitting “(i)” and “(l)”.
(7) The several sub-paragraphs of each paragraph of each section, or of each paragraph of each sub-section of each section, of the amended Act are re-numbered so that they bear consecutive lower case roman numerals enclosed in brackets commencing with “(i)”.
(8) Each provision of the amended Act that refers to a provision of that Act that has been re-numbered or re-lettered pursuant to this section is amended by omitting the reference and substituting a reference to the last-mentioned…
Overview
The Commonwealth Electoral Legislation Amendment Act 1984 was enacted to address various gaps and issues within the existing electoral laws of Australia, ensuring that the electoral process remains fair, efficient, and up-to-date with contemporary requirements and standards. This Act, assented to on 25 June 1984, was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, reflecting a broad consensus across the legislative branches. The Act aims to streamline and modernise the electoral processes by introducing several amendments to the Commonwealth Electoral Act 1918, the Commonwealth Electoral Legislation Amendment Act 1983, the Commonwealth Electoral Act 1918 itself, and the Representation Act 1983. Key areas of reform include the re-numbering and re-lettering of provisions for better readability and accessibility, adjustments to the electoral rolls and the process of becoming an eligible overseas elector, and modifications to the rules governing the conduct of elections and the scrutiny of votes, particularly focusing on absentee voting. These amendments are designed to enhance the integrity and efficiency of the electoral process, ensuring that it meets the needs of a modern democracy while maintaining the principles of fairness and accessibility for all eligible voters.
Scope and Application
The Commonwealth Electoral Legislation Amendment Act 1984 amends the Commonwealth Electoral Act 1918 and the Commonwealth Electoral Legislation Amendment Act 1983, primarily to refine and update the processes and procedures surrounding elections in Australia. This Act applies to entities involved in the electoral process, including the Electoral Commission, Divisional Returning Officers, Assistant Returning Officers, and candidates, as well as the citizens who participate in the electoral process. The amendments also apply to the Representation Act 1983. Geographically, the Act applies at the Commonwealth level and affects electoral practices across all states and territories in Australia. There are no specific exclusions, exemptions, or thresholds outlined in the Act itself, though some provisions may implicitly exclude certain types of conduct or entities not involved in the electoral process. The application of this Act may be further defined or restricted through subordinate instruments or regulations, which are not detailed in the primary text of the Act itself.
Key Provisions
- The Commonwealth Electoral Legislation Amendment Act 1984 amends the Commonwealth Electoral Act 1918, the Commonwealth Electoral Legislation Amendment Act 1983, and the Representation Act 1983. The key provisions of the Act include amendments to definitions and sections of the Commonwealth Electoral Act 1918, including the establishment of a Register of Candidates and changes to the process of scrutinising votes and handling absent votes. The Representation Act 1983 is also amended to alter the timing of the vacancy of a non-sitting senator’s position.
- Under the Act, the Electoral Commission is required to provide political parties with a habitation index for each division, listing electors by their place of residence. Absent voters must declare their enrollment division when voting, and presiding officers must ensure that absent voters’ ballot papers are securely placed in envelopes bearing the voter's declaration and then in ballot boxes. The scrutiny of absent voters’ ballot papers is to be conducted by the Divisional Returning Officer or an Assistant Returning Officer. The Act also modifies the process for scrutinising votes and handling informal ballot papers.
- The Act imposes obligations on various officers involved in the electoral process, including the Electoral Commission, Divisional Returning Officers, Assistant Returning Officers, and presiding officers. These officers must follow specific procedures for handling enrolment claims, providing habitation indexes, scrutinising votes, and managing absent votes.
- The Act specifies penalties and consequences for breaches of electoral laws. For example, unauthorised elections or referendums on polling day are prohibited. Failure to comply with the Act may result in legal action, fines, or other penalties as prescribed by the relevant electoral laws.
- Overall, the Act aims to streamline and clarify the electoral process, enhance the integrity of elections, and ensure that all voters, including those voting absent, are treated fairly and securely.
- Area of Law
- Elections & Representation
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
