COMMONWEALTH ELECTORAL (WAR-TIME).
No. 8 of 1917.
An Act to make certain further provision, for the duration of the War and six months thereafter, in relation to Parliamentary Elections.
[Assented to 19th March, 1917.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Commonwealth Electoral (War-time) Act 1917.
Application of Act.
2. This Act shall apply in relation to elections for the Senate and general elections for the House of Representatives, held during the present war or within six months thereafter.
Incorporation.
3. The Commonwealth Electoral Act 1902-1911 shall be incorporated and read as one with this Act.
Parts.
4. This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Voting by Members of the Forces.
Part III.—Disqualification of certain persons.
Part IV.—Supplementary.
Definitions.
5. In this Act, unless the contrary intention appears—
“Member of the Forces” means a person who is or has been a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia or on a ship of war, and a person engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia, and includes a person who is or has been a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia;
“An Election” means an election for the Senate or a general election for the House of Representatives.
Part II.—Voting by Members of the Forces.
Commencement of Part II.
6. This Part shall not commence until a day to be fixed by Proclamation.
Right of members of the Forces to vote.
7. Subject to this Act, every member of the Forces who is not under the age of twenty-one years and—
(a) is enrolled as an elector of the Commonwealth or is eligible to be so enrolled and is serving outside Australia, or
(b) is not enrolled as an elector but is eligible to be so enrolled and has returned from serving outside Australia and produces to the presiding officer the prescribed certificate,
shall be entitled to vote at the election as an elector of the Division and State in which his place of residence, as shown on the prescribed list, is situate, or, if his place of residence is not so shown, as an elector of the Division and State in which his next of kin as shown on that list resides.
Provisions to apply In respect of the votes of members of the Forces.
8. With respect to the votes of members of the Forces under this Act, the following provisions shall apply:—
(a) The voting papers for the election shall, except in the case of members of the Forces who have returned from service outside…
Overview
The Commonwealth Electoral (War-time) Act 1917 was enacted by the Commonwealth Parliament to address the challenges posed by World War I to the electoral process in Australia. This Act was intended to provide temporary adjustments to election laws to accommodate the unique circumstances of the war. One of the primary objectives of this legislation was to ensure that members of the Australian Defence Forces serving overseas could still exercise their right to vote in federal elections, while also establishing measures to prevent individuals who were deemed a security risk, such as naturalised British subjects born in enemy countries, from voting. This Act incorporated the Commonwealth Electoral Act 1902-1911 and remained in effect during the war and for six months after its conclusion.
Scope and Application
The Commonwealth Electoral (War-time) Act 1917 applies to elections for the Senate and general elections for the House of Representatives held during the war and within six months thereafter. The Act extends to members of the Commonwealth Naval or Military Forces who are serving outside Australia, as well as those who have returned from service but were previously eligible to be enrolled as electors. It also applies to those who can be enrolled as electors but were ineligible due to their service. Specifically, the Act allows these members to vote as electors of the Division and State in which their place of residence is situated, or if not available, as an elector of the Division and State in which their next of kin resides. The Act incorporates and reads as one with the Commonwealth Electoral Act 1902-1911, with its provisions applying across the Commonwealth of Australia. The Act includes specific provisions for the disqualification of certain individuals from voting, such as naturalized British subjects born in enemy countries, unless they meet certain exceptions. Subordinate instruments may further extend or restrict the application of the Act, including regulations on the form of declarations and scrutiny of ballot-papers.
Key Provisions
- The Commonwealth Electoral (War-time) Act 1917 (C1917A00008) outlines provisions for elections during and shortly after the duration of a war. The Act applies to elections for the Senate and general elections for the House of Representatives held during the war and within six months thereafter (section 2). It incorporates the Commonwealth Electoral Act 1902-1911, treating them as a single document (section 3).
- The Act details specific requirements for members of the Forces who wish to vote. Members of the Forces aged 21 or over, who are enrolled or eligible to be enrolled as electors, and are either serving outside Australia or have returned from service and produce a prescribed certificate, can vote in their home division and state, or where their residence is not listed, the residence of their next of kin (section 7). Voting procedures for members of the Forces include specific ballot forms and counting methods (section 8). The Chief Electoral Officer may appoint officers necessary to implement these provisions (section 9).
- The Act imposes obligations on members of the Forces to ensure they follow the specified voting procedures and produce the required certificates. Additionally, it mandates that the Chief Electoral Officer must supply eligible members of the Forces with ballot papers and handle their votes according to the prescribed methods. The Act also outlines specific disqualification criteria, particularly for naturalized British subjects born in enemy countries, unless certain conditions are met (section 10). The presiding officer may ask additional questions to verify eligibility, and failure to answer or providing false information can result in rejection of the vote (section 11).
- Any person disqualified from voting under this Act who votes anyway commits an offence. The penalty for such an offence is a fine of one hundred pounds, imprisonment for six months, or both (section 12). The Act also ensures that the validity of an election is not compromised by any procedural issues or the inability of a member of the Forces to vote (section 13). It prohibits any state referendum or vote from being held on the same day as a federal election (section 14). In the event of a candidate's death before polling day, the Prime Minister or Leader of the Opposition can certify a substitute candidate (section 15).
- Area of Law
- Constitutional Law
- Election Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Voting Rights
