Electoral and Referendum Regulations (Amendment) (Cth)

STATUTORY RULES.

1924. No. 206.

 

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1924, AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918-1924, and the Referendum (Constitution Alteration) Act 1906-1919, to come into operation forthwith.

Dated this twenty-third day of December, One thousand nine, hundred and twenty-four.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Home and Territories.

 

Amendment of Electoral and Referendum Regulations 1919.

(Statutory Rules 1919, No. 57, as amended to this date.)

1. After Division 10 of Part III. of the Electoral and Referendum Regulations the following division and regulations are inserted:—

“Division 10a—Enforcement of Law in Relation to Compulsory Voting.

List of electors who failed to vote.

“75a. (1) The list of the names and descriptions of the electors enrolled for a Division, who did not vote at an election or a referendum, which is required to be prepared by the Divisional Returning Officer for the Division, under the provisions of subsection (2) of section 128a of the Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 31b.

“(2) All the Subdivision Lists for a Division shall together form the List for the Division.

Notice to elector under section 128a, sub-section (4), and reply of elector.

“75b. (1) The notice to be sent under the provisions of subsection (4) of section 128a of the Act to each elector whose name appears on the list shall be posted within three months after the close of the election or referendum.

“(2) The notice may be in accordance with Form 31c.

“(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 31d.

“(4) The witness shall be an elector or a person qualified to be an elector.

C.16913.—Price 5d.

Action where reason considered insufficient.

“75c. (1) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Divisional Returning Officer, is not a valid and sufficient reason, for that failure the Divisional Returning Officer shall, after indorsing on both copies of the list prepared by him his opinion in accordance with subsection (8) of section 128a of the Act, notify the elector in accordance with Form 31e, of his opinion, and inform him that he has the option of having the matter dealt with by the Commonwealth Electoral Officer or by a Court of Summary Jurisdiction.

“(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the Divisional Returning Officer in accordance with Form 31f, and may deposit with the Divisional Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Commonwealth Electoral Officer imposes upon him.

“(3) Upon the receipt from an elector who has failed to vote,

(a) of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and to abide by the decision of that officer, and

(b) of the deposit specified in the last preceding sub-regulation,

the Divisional Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Divisional Returning Officer’s opinion thereon, to the Commonwealth Electoral Officer.

Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.

“75d. (1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt from a Divisional Returning Officer of the documents mentioned, in the last preceding regulation, consider all the facts, and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a penalty not exceeding Two pounds, and notify the Divisional Returning Officer thereof and of the time allowed for payment.

“(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 75e of these Regulations.

“(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty Section 128a, sub-section (12) (a).

“75e. (1) The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12) of section 128a of the Act, may appropriate the deposit or portion thereof in payment of the penalty,

shall notify the elector, in accordance with Form 31g, of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.

Proceedings in a Court of Summary Jurisdiction.

“75f. Subject to such directions as are issued by the Commonwealth Electoral Officer, the Divisional Returning Officer shall—

(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Act by an elector, and the elector has not within the time allowed, intimated that he consents to the matter being dealt with by the Commonwealth Electoral Officer, and deposited the sum specified in sub-regulation (2) of regulation 75c of these Regulations; or

(b) if he is satisfied that there has been a contravention of paragraph (b) of sub-section (12) of section 128a of the Act by an elector; or

(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Act by an elector,

forthwith cause proceedings to be taken against the elector in a Court of summary jurisdiction.

Proceedings in Court on failure of elector to vote.

“75g.(1) In any proceedings which are instituted in a Court of Summary Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Divisional Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.

“(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.

“(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.

“(4) A copy of this regulation shall be printed on the back of the form of summons.

Proceedings in Court on failure of elector to send reply to Divisional Returning Officer’s notification.

“75h. (1) In any proceedings in a Court of Summary Jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Act, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.

“(2) Where a statutory declaration is received, by the prosecuting officer, in pursuance of the last preceding sub-regulation he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.

“(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.

“(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.

Evidence in Court of Summary Jurisdiction.

75i. (1) In any prosecution in a Court of Summary Jurisdiction in respect of any contravention of sub-paragraphs (a) or (b)of sub-section (12) of section 128aof the Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 31h, together with a certified extract in accordance with Form 31i, and it shall not then be necessary for him to attend at the hearing.

“(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing the Court shall proceed with the hearing and determination of the case in his absence and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution by any witness who is summoned by, or attends on behalf of, the prosecuting officer.

“(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.”

2. The schedule to the Electoral and Referendum Regulations is amended by inserting after Form 31a the following forms:—

FORM 31b.

Commonwealth of Australia.

State of.................................

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

Division of……………… Subdivision of....................

List of the Names and Descriptions of the Electors Enrolled for the above-named Subdivision of the above-named Division who did not Vote at the Election held on Saturday, the..........day of.........., 19 .

I,.........................., of..........................., Divisional Returning Officer for the Commonwealth Electoral Division of........................., do solemnly and sincerely declare that the names on the within print of the roll for the above-mentioned Subdivision against which a mark indicating the electors who voted at the election has not been placed, constitute the list of the names and descriptions of the electors enrolled for the said Subdivision who did not vote at the election, held on Saturday, the.......... …..., and that the said list was prepared by me pursuant to sub-section (2) of section 128a of the Commonwealth Electoral Act 1918-1924.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements contained therein to be true in every particular.

Declared at................................. the.................... day of..................., 19 .

.......................................................

Divisional Returning Officer for the Division of.....................................

Before me—

…..............................., J.P.

FORM 31c.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act. (Section 128a(4.)).

The Referendum (Constitution Alteration) Act.

State of................................

Division of......................... Subdivision of....................

No. on roll....................

Notification to Elector Who Appears to have Failed to Vote.

To the elector whose name and address appear on the back hereof.

You are notified that you appear to have failed to vote at the election held under the Commonwealth Electoral Act on Saturday, the...................., and you are hereby called upon, in pursuance of section 128aof the said Act, to give a valid, truthful, and sufficient reason why you failed so to vote.

You are required to—

(a)state, in the form at the foot of this notice, the true reason why you failed so to vote.;

(b) complete and personally sign the form, and have it witnessed by an elector or a person qualified to be an elector.

(c) fold the form so that the address, “Commonwealth Divisional Returning Officer for the Division of.................,” shall be visible, and post it so as to reach me on or before the*.......................

..................................................

Divisional Returning Officer for the above-named Division.

Address.....................................

• Date............................, 19

   .

Note.—If the elector to whom this notice is addressed, is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form at the foot hereof within the time specified in the form, any other elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time, and the filling up, signing, and posting of the form will be treated as compliance by the first-mentioned elector with the requirements of this notice.

* Not being less than twenty-one days after the posting of this notice.

FORM 31d.

Form of Declaration to be Completed and Returned to the Divisional Returning Officer.

I,..................., do hereby declare that the following is the true reason why I*................failed to vote at the election held under the Commonwealth Electoral Act, on Saturday, the.............day of.................., 19...

 ..................................................

Personal Signature of Elector..........................................................................

I, the undersigned, being an elector or a person qualified to be an elector of the Commonwealth, certify that I have seen the above-named elector sign the above declaration.

Signature of witness (in own handwriting)...........................................................

Occupation.........................................................

Address..............................................................................

Date..............................., 19….

*Where this form is filled up on behalf of an absent or physically incapacitated elector, the word “I” must be struck out, and the name of such elector inserted.

  Here set out the precise and true reason for having failed to Vote.

 

[Back of Form.]

From—The Divisional Returning Officer

for the Division of.......................

Post Free.

Commonwealth Electoral Papers Only.

M……………………………………………………..

…………………………………………………………

…………………………………………………….……

Every elector who—

(a) fails to vote at an election without a valid and sufficient reason for such failure; or

(b) on receipt of a notice in accordance with sub-section (4) of Section 128aof the Commonwealth Electoral Act, fails to fill up, sign, and post, within the time specified in the notice, the form (duly witnessed) attached thereto; or

(c) states in such form a false reason for not having voted or, in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, states in such form a false reason why that other elector did not vote,

is guilty of an offence and liable to a penalty not exceeding Two Pounds.

 

Commonwealth Electoral Papers Only. Post Free.

The Commonwealth Divisional Returning Officer

for the Division of......................................................

………………………………………….

……………………………………

FORM 31e.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

State of.............................

Division of............ Subdivision of.................

No. on roll........................

Notification to Elector Whose Reason for Failing to Vote is held not to be Valid and Sufficient.

To the elector whose name and address appear on the back hereof.

You are hereby notified—

(1) that the reason given by you in your declaration dated the................. 19.., is not, in my opinion, a valid and sufficient reason for your failure to vote at the election held under the provisions of the Commonwealth Electoral Act, on Saturday, the ……..........; and

(2) that you have the option of having the matter dealt with by the Commonwealth Electoral Officer for the State (thus avoiding costs of Court), or by a Court of Summary Jurisdiction.

If you desire to have the matter dealt with by the Commonwealth Electoral Officer, you must fill in and sign, in the presence of a witness, the form of consent at the foot hereof and send or deliver it to me, so as to reach me not later than the….................., together with the sum of…............* to be appropriated in payment or part payment of the penalty, if any, which the Commonwealth Electoral Officer may impose upon you.

In the event of the form and deposit not reaching me on or before the date set out in the preceding paragraph, it will be taken that you desire to have the matter dealt with by a Court of Summary Jurisdiction.

……………….........................,

Divisional Returning Officer for the above-named Division.

Address.............................................

Date................................, 19

 .

*This amount may be paid to the Divisional Returning officer in cash, or be remitted to him by postal note or money order made payable to “The Divisional Returning Officer for the Division of..............................”.

 

FORM 31f.

Form of Consent to be Used by an Elector Who Desires to have His Case dealt with by the Commonwealth Electoral Officer for the State.

To the Divisional Returning Officer for the above-named Division.

I,.........., of................, enrolled as an elector on the roll for the above-named Subdivision and Division, having failed to vote at the election held under the provisions of the Commonwealth Electoral Act, on Saturday, the....................day of................., 19.., and having been notified by you that the reason given by me for such failure to vote is not, in your opinion, a valid and sufficient reason for such failure, do hereby notify you that I consent to have the matter dealt with by the Commonwealth Electoral Officer for the State, and to abide by his decision.

I enclose herewith the sum of…….............., and I agree that the said sum may be appropriated in payment or part payment of any penalty (not exceeding Two pounds, without costs) which the Commonwealth Electoral Officer may impose upon me.

Personal Signature of Elector..................................................................

I, the undersigned, being an elector, or a person qualified to be an elector, of the Commonwealth, certify that I have seen the above-named elector sign the above form.

Signature of witness (in own handwriting)…………………………………..................

Occupation........................................................................................

Address..........................................................................................

Date.............................., 19.......

[Back of Form.]

From—The Divisional Returning Officer for the Division of………………………..

Commonwealth Electoral Papers Only. Post Free.

M......................................................................

………………………………………………………

…………………………………………………............

 

FORM 31g.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

State of.....................

Division of............ Subdivision of............

No. on roll..............

Notification of Penalty for Failure to Vote.

To the elector whose name appears on the back hereof.

You are notified that, pursuant to your notification of consent dated the ….............day of........................, the Commonwealth Electoral Officer for the State has dealt with the matter of your contravention of paragraph (a), of subsection (12) of section 128a of the Commonwealth Electoral Act, and that he has imposed upon you a penalty of...............

The deposit made by you has been appropriated in payment (or part payment as the case may be) of the said penalty.

................................................................,

Divisional Returning Officer for the Division of...........................

Address.......................................

Date.............................. 19

 .

 

[Back of Form.]

From—The Divisional Returning Officer for the Division of...................................

Commonwealth Electoral Papers Only. Post Free.

M.............................................................................

…………………………………………………..

……………………………………………………..

 

FORM 31h.

Commonwealth of Australia.

State of.............................

The Commonwealth Electoral Act.

The Referendum (Constitutional Alteration) Act.

In the Court of Petty Sessions

at................................

Between…..............………………............... Informant or Complainant.

And..................................................Defendant.

Statutory Declaration.

I,...................................., of..................................., Divisional Returning Officer for the Commonwealth Electoral Division of................do solemnly and sincerely declare:—

(1) That I am the Divisional Returning Officer for the Commonwealth Electoral Division of............, and am the (a).............herein, and that I am duly authorized in writing by the Chief Electoral Officer to institute these proceedings.

(2) That the defendant on the............day of............, 19.., was enrolled as an elector on the Commonwealth electoral roll for the............... Subdivision of the Division of.................

(3) That the paper writing on the back of this declaration contains a true extract from the list prepared and endorsed by me under the provisions of the said Act and of the Regulations made thereunder.

And I make this declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements therein to be true in every particular.

Declared at....................the................................day of..............................., 19.

Before me….............,…........................................

(a) Informant or complainant.

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment with or without hard labour, for four years.

A statutory Declaration may be made before—

(i) A Police Stipendiary or Special Magistrate, or a Justice of the Peace; or

(ii) A Commissioner for Affidavits; or

(iii) A Commissioner for Declarations.

COMMONWEALTH OF AUSTRALIA. Form 31 i.

State of....................................

The Commonwealth Electoral Act. The Referendum (Constitution Alteration) Act.

Division of............................... Subdivision of..............................

Extract from LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS ENROLLED FOR THE ABOVE-MENTIONED DIVISION WHO DID NOT VOTE AT THE ELECTION HELD ON SATURDAY, the.......................................................................................................

No on roll.	Name and Description of Elector—	Notification to Elector Sub-section (4), Section 128a, of the Commonwealth Electoral Act 1918-1924. Date sent.	Elector’s Reply.			Further action under Regulation 75c.			Subsequent proceedings (if any).
			Date to be in hands of Divisional Returning Officer.	Whether Received by Divisional Returning Officer. (a)	Whether reason stated in reply is, in the opinion of the Divisional Returning Officer, a valid and sufficient reason for failure to vote.	Notification to Elector that reply is not considered a valid and sufficient reason for failure to vote Date sent.	Consent of Elector to matter being dealt with by the Commonwealth Electoral Officer.
							Date to be in hands of the Divisional Returning Officer.	Whether received by Divisional Re-turning Officer. (a)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)

(a)Insert in this column “Yes” and date of receipt if a reply has been received, or “No” if a reply has not been received.

………………………………

Divisional Returning Officer

for the Division of..........................

Section 128a (11.) of the Commonwealth Electoral Act 1918-1924 provides:—Each copy of the list prepared and indorsed by the Divisional Returning Officer, indicating—	(c) the names of the electors who failed to reply within that time;
	and any extract therefrom, certified by the Divisional Returning Officer under his hand, shall in-all proceedings be prima facie evidence of the contents of such list or extract, and of the fact that the electors whose names appear therein did not vote at the election, and that the notice specified in sub-section (4.) of this section was received by those electors, and that those electors did or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed under sub-section (5.) of this section.
(a) the names of the electors who did not vote at the election;
(b) the names of the electors from whom or on whose behalf the Divisional Returning Officer received, within the time allowed under sub-section (5.) of this section, forms properly filled up and signed; and

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.