COMPULSORY VOTING.
No. 36 of 1915.
An Act to provide for compulsory voting at the Referendums under the Referendum (Constitution Alteration) Act 1906-1912 which are submitted to the electors during the year One thousand nine hundred and fifteen.
[Assented to 13th September, 1915.]
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.
1. This Act may be cited as the Compulsory Voting Act 1915.
Incorporation.
2. This Act shall be incorporated and read as one with the Referendum (Constitution Alteration) Act 1906-1912.
Application of Act.
3. This Act applies to the referendums under the Referendum (Constitution Alteration) Act 1906-1912 which are submitted to the electors during the year One thousand nine hundred and fifteen.
Compulsory voting.
4.—(1.) It shall be the duty of every elector residing within five miles of a polling place to record his vote at the referendums to which this Act applies.
(2.) It shall be the duty of each Divisional Returning Officer at the close of the referendums to which this Act applies to prepare a list (in duplicate) of the names and descriptions of the electors enrolled for his Division who have not voted at the referendums to which this Act applies, and to certify the list by statutory declaration under his hand.
(3.) The list so certified shall in all proceedings be primâ facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the referendums.
(4.) Within the prescribed period after the close of the referendums the Divisional Returning Officer shall send by post to each elector whose name appears on the list prepared in accordance with sub-sections (1.) and (2.) of this section, at the address mentioned in that list, a notice, in the prescribed form, notifying the elector that he appears to have failed to vote at those referendums, and calling upon him to give a valid truthful and sufficient reason why he failed so to vote.
(5.) Before sending any such notice, the Divisional Returning Officer shall insert therein a date, not being less than twenty-one days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, and witnessed by a prescribed person, is to be in the hands of the Divisional Returning Officer.
(6.) Every elector to whom a notice under this section has been sent shall fill up the form at foot of the notice by stating in it the true reason why he failed so to vote, sign the form, have it witnessed by a prescribed person, and post it so as to reach the Divisional Returning Officer not later than the date inserted in the notice.
(7.) If any elector is unable, by reason of absence from his place of living or physical incapacity, to fill up,…
Overview
The Compulsory Voting Act 1915 was enacted to address the problem of low voter turnout in referendums under the Referendum (Constitution Alteration) Act 1906-1912 during the year 1915. This Act was passed by the Parliament of Australia and assented to by the King’s Most Excellent Majesty on 13th September 1915. The primary policy objective of this Act was to ensure that electors residing within five miles of a polling place were compelled to record their votes at the specified referendums. The Act required Divisional Returning Officers to prepare and certify lists of non-voters and to notify those electors of their failure to vote, requiring them to provide valid reasons. Failure to comply with these requirements resulted in an offence punishable by a penalty of one pound, although this penalty was subject to certain exemptions for electors serving overseas with military forces. The Act also established procedures for the recovery of penalties and outlined the circumstances under which an elector's name could be removed from the electoral roll.
Scope and Application
The Compulsory Voting Act 1915 applies to referendums under the Referendum (Constitution Alteration) Act 1906-1912 which are conducted during the year 1915, specifically focusing on ensuring that every eligible elector who resides within five miles of a polling place votes in these referendums. The Act imposes a duty on such electors to cast their votes and mandates Divisional Returning Officers to compile lists of non-voters and issue notices to these electors requesting valid reasons for their non-attendance at the polls. The lists compiled by the Divisional Returning Officers serve as prima facie evidence in legal proceedings, and failure to provide a valid reason for not voting, or providing a false reason, constitutes an offence with a penalty of one pound. This Act ensures a rigorous process for verifying voter participation and adherence to compulsory voting requirements. The application of this Act is limited to electors who reside within a five-mile radius of a polling place, and it does not apply to electors serving outside Australia with the forces of any part of the British Dominions or allied countries.
Key Provisions
- The Compulsory Voting Act 1915 (C1915A00036) mandates compulsory voting for certain referendums held during 1915. Section 4 sets forth the primary requirements: electors within five miles of a polling place must vote (subsection 1), and Divisional Returning Officers must compile a list of those who did not vote, certifying this list (subsection 2). This list serves as prima facie evidence of non-voting and must be sent to electors with a notice requesting a valid reason for non-attendance (subsections 4 and 5). Electors must respond within the specified time, with the option for another elector to respond on their behalf under certain conditions (subsections 6 and 7). The Returning Officer assesses the provided reasons and sends the finalised list to the Commonwealth Electoral Officer within three months (subsections 8 to 11). Failure to vote without a valid reason, or to respond to the notice, constitutes an offence (subsection 13). Exemptions apply for electors serving overseas (subsection 12). The Act also stipulates that only the Chief Electoral Officer or an authorised officer may institute proceedings for offences (subsection 14). Electors who fail to respond to the notice may have their names objected to and removed from the electoral roll (subsection 15).
- The Act imposes several obligations on the relevant parties. Electors within the specified radius must vote at the applicable referendums (section 4(1)). Divisional Returning Officers must compile and certify lists of non-voting electors, send notices to these electors, and assess the reasons provided (sections 4(2) and 4(8)). Electors must provide valid reasons for not voting within the specified timeframe, with provisions for alternative responses if they are unable to do so themselves (sections 4(6) and 4(7)). The Returning Officers must then send the finalised lists to the Commonwealth Electoral Officer (section 4(11)).
- Breaches of the Act result in specific penalties and consequences. Electors failing to vote without a valid reason, failing to respond to the notice, or providing false information in their response commit an offence (section 4(13)). The penalty for these offences is one pound (section 4(13)). The Act further stipulates that only the Chief Electoral Officer or an authorised officer may initiate proceedings for these offences (section 4(14)). Additionally, electors who fail to respond to the notice may have their names objected to and removed from the electoral roll (section 4(15)). The Governor-General has the authority to make regulations necessary for the Act's enforcement, including procedures for penalty recovery (section 5).
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers