Electoral and Referendum Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 422 1

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Electoral and Referendum Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984.

 Dated 17 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

N. BOLKUS

Minister of State for Administrative Services

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1.   Amendment

1.1   The Electoral and Referendum Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 5 (Interpretation)

2.1   Subregulation 5 (2):

Omit the subregulation.

3.   Regulation 39a (Ballot-paper—House of Representatives)

3.1   Paragraph 39a (c):

Omit “, composite name of registered political parties”.

3.2   Paragraph 39a (c):

Omit:

“Remember ... number every box to make your vote count.”;

substitute:

“[Here insert, in the case of a ballot paper other than a ballot paper issued in accordance with subsection209 (7) ‘Remember ... number every box to make your vote count.’]”.

4.   Regulation 76 (Notice to elector and reply of elector)

4.1   Omit the regulation.

5.   Regulation 77 (Action where reason considered insufficient)

5.1   Omit the regulation.

6.   Regulation 78 (Action by Australian Electoral Officer upon receipt of report from Divisional Returning Officer)

6.1   Omit the regulation.

7.   Regulation 79 (Notification of imposition of penalty)

7.1   Omit the regulation.

8.    Regulation 80 (Proceedings in a Court of summary jurisdiction)

8.1   Omit the regulation.

9.   Regulation 81 (Proceedings in Court on failure of elector to vote)

9.1   Subregulation 81 (1) :

Omit the subregulation, substitute:

“(1)

In proceedings which are instituted in a Court of summary jurisdiction against an elector for a contravention of paragraph 245 (15) (a) of the Act or paragraph 45 (14) (a) of the Referendum (Machinery Provisions ) Act, the Divisional Returning Officer must send to the Court the elector’s reply (if any) under subparagraph 245 (5) (c) (i) or (ii) of the Act or subparagraph 45 (5) (c) (i) or (ii) of the Referendum (Machinery Provisions) Act.”.

9.2   Subregulation 81 (3) and (4):

Omit the subregulations.

10.   Regulation 82 (Proceedings in a Court on failure of elector to send reply to Divisional Returning Officer’s notification)

10.1   Omit the regulation.

11.   Regulation 83 (Evidence in Court of summary jurisdiction)

11.1   Subregulation 83 (1):

Omit the subregulation, substitute:

“(1)

If, in a prosecution in a Court of summary jurisdiction against an elector for a contravention of paragraph 245 (15) (a) or (b) of the Act or paragraph 45 (14) (a) or (b) of the Referendum (Machinery Provisions) Act, the prosecuting officer lodges with the Court a statutory declaration and a certified extract in the approved form, the officer is not required to attend the hearing.”.

12.   Schedule 1 (Forms)

12.1   Omit the Schedule.

13.   Schedule 2 (Prescribed authorities under paragraphs 91 (11) (a) and (b) of the Act)

13.1   Part 2:

After:

“Australian Government Solicitor”;

insert:

“Australian Securities Commission”.

13.2   Part 2:

Omit “Corporate Affairs Commission”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

2. Statutory Rules 1940 No. 163 amended by 1949 No. 62; 1954 No. 27; 1961 No. 103; 1966 No. 140; 1973 No. 62; 1974 No. 44; 1980 No. 241; 1981 Nos. 80 and 84; 1983 Nos. 114, 153, 176, 181, 235, 274 and 313; 1984 No. 287; 1987 Nos. 118 and 119; 1988 Nos. 182 and 339; 1989 No. 32; 1990 Nos. 33 and 334.