EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988
AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) REGULATIONS
(AMENDMENT)
1989 No. 186
Section 28(1) of the Australian Capital Territory (Electoral) Act 1988 (the Act) provides that the Governor-General may make Regulations, not inconsistent with the Act prescribing all matters:
(i) required or permitted by the Act to be prescribed; or
(ii) necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 28(2) of the Act provides that the power to make Regulations extends to making Regulations under which a person who fails to vote at an ACT election may, instead of being prosecuted for the offence, dispose of the matter by paying a penalty of $20.
Subsection 28(3) of the Act provides that where Regulations are made pursuant to subsection 28(2), the Regulations may apply to offences committed at a general election held before the commencement of the Regulations.
The Australian Capital Territory (Electoral) Regulations (Amendment) provide that an elector who has failed to vote at an ACT election may dispose of the matter by paying a sum of $20. This process permits an person who has failed to vote the opportunity of avoiding prosecution by electing to pay the sum of $20.
The details of the Regulations are as follows:
Regulation 1 provides that the “Principal Regulations” in the Regulations are the Australian Capital Territory (Electoral) Regulations.
Regulation 2(1) provides for the insertion of a new Regulation 21A into the Principal Regulations.
Subregulation 21A(1) provides that the Divisional Returning Officer shall send a notice in accordance with Form 3 to each elector who has failed to vote at an ACT election and who has not given a sufficient reason for the failure. The form invites the non-voter to pay the sum of $20 to the Electoral Commissioner within 28 days of the date of the notice as an alternative to having the matter proceed by way of prosecution before the Magistrates Court.
Subregulation 21A(2) provides that where a person pays the sum of $20 in accordance with Form 3, the liability for the offence is deemed to have been discharged and no further proceedings will be taken in relation to the offence. In paying the sum of $20, the elector will be taken to have not been convicted of the offence.
Regulation 3 provides for the insertion of Form 3 at the end of the Principal Regulations.
Regulation 4 provides that this process shall be applied in relation to elections for the ACT Legislative Assembly before and after the commencement of these Regulations.
ISSUED BY THE AUTHORITY OF
THE MINISTER FOR THE ARTS,
TOURISM AND TERRITORIES