EXPLANATORY STATEMENT
1. Instrument to which this explanatory statement relates
This explanatory statement relates to the instrument of appointment of pre-poll voting offices for the Division of Werriwa issued 18 February 2005. This instrument repeals and replaces all previous instruments gazetted under section 200D(2) of the Commonwealth Electoral Act 1918 (Cth) for the Division of Werriwa. This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth).
2. Legislative authority under which the instrument is made
This instrument is made pursuant to subsection 200D(2) of the Commonwealth Electoral Act 1918 (Cth).
3. Purpose and objective of the instrument
The purpose of this instrument is to appoint pre-poll voting offices, days and times of operation, for the by-election in the Division of Werriwa on 19 March 2005.
4. Consultation
No external consultation has been undertaken due to the minor administrative nature of the instrument.
5. Commencement date of the instrument
This instrument will commence 25 February 2005.
Overview
The instrument, F2005L00360, issued on 18 February 2005, pertains to the appointment of pre-poll voting offices for the Division of Werriwa, an electoral division in Australia, for the by-election scheduled on 19 March 2005. This instrument repeals and replaces all previous instruments gazetted under section 200D(2) of the Commonwealth Electoral Act 1918. Enacted by the Commonwealth of Australia Parliament, the legislative instrument aims to facilitate the by-election process by establishing specific pre-poll voting offices and their operational times. The objective of this instrument is to ensure that the electoral process is administered smoothly and efficiently, allowing eligible voters to cast their ballots in advance of the election day. The minor administrative nature of this instrument meant that no external consultation was necessary prior to its issuance. The instrument took effect on 25 February 2005, providing clear guidelines for the electoral officials and voters in the Division of Werriwa.
Scope and Application
The instrument of appointment for pre-poll voting offices for the Division of Werriwa, issued on 18 February 2005, serves to designate the specific locations, days, and operating hours for these offices in the context of the by-election scheduled for 19 March 2005. This legislative instrument, which repeals and replaces all prior instruments gazetted under section 200D(2) of the Commonwealth Electoral Act 1918, is issued under the authority of that act and operates as a legislative instrument for the purposes of the Legislative Instruments Act 2003. Given its administrative nature, no external consultation was deemed necessary. The instrument is set to commence on 25 February 2005, ensuring that all preparations are in place ahead of the by-election. This instrument applies specifically to the Division of Werriwa, impacting the electoral processes within that jurisdiction and ensuring that voters have access to pre-poll voting facilities as required by law.
Key Provisions
The main operative sections of this instrument, pursuant to subsection 200D(2) of the Commonwealth Electoral Act 1918 (Cth), involve the appointment of pre-poll voting offices, specifying the days and times of operation for the by-election in the Division of Werriwa on 19 March 2005. This legislative instrument serves to repeal and replace any previous instruments gazetted under the same subsection for this division. The primary function is to outline the administrative framework for the by-election, ensuring that voters have designated places and times to cast their pre-poll votes.
The obligations and requirements imposed by this Act on the parties and entities it governs are primarily administrative in nature. The Act mandates the establishment of specific pre-poll voting offices, ensuring they are operational during designated hours to facilitate voting for the by-election. This includes setting clear guidelines for the locations of these offices, the dates they will be open, and the times during which voters can attend. These provisions are designed to streamline the voting process, making it accessible and organised for the electorate.
In terms of potential offences, penalties, or consequences for breach, the instrument itself does not specify detailed penalties or consequences for non-compliance. However, any failure to adhere to the provisions set out in the Commonwealth Electoral Act 1918 (Cth) could result in legal repercussions under the broader electoral legislation. The Act encompasses a range of electoral offences, with penalties that can include fines and imprisonment, depending on the severity of the breach. For instance, under section 239 of the Commonwealth Electoral Act 1918 (Cth), electoral offences can attract maximum penalties that vary, with some offences carrying a maximum penalty of imprisonment for up to two years or substantial fines. The specifics of penalties would be governed by the broader electoral law rather than this particular instrument.
Overall, the instrument serves to formalise and clarify the administrative logistics of the by-election in the Division of Werriwa, ensuring that the electoral process is conducted in an orderly and transparent manner. It sets clear expectations for the operation of pre-poll voting offices, providing voters with the necessary information to exercise their electoral rights effectively. While the instrument itself does not detail specific penalties for non-compliance, it operates within the framework of the Commonwealth Electoral Act 1918 (Cth), which includes provisions for dealing with electoral misconduct.