AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 1973
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS (AMENDMENT)
EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 154
Issued by the Authority of the Special Minister of State
The Australian Capital Territory Representation Regulations make provision for Commonwealth electoral administration in the Territory.
Regulation 28 prescribes the form of certain notices which must be sent to electors the presence of whose names on an electoral roll has been objected to in accordance with the provisions of Part VIII of the Commonwealth Electoral Act. The regulation prescribes that a notice sent pursuant to an objection on the grounds of an elector’s non-residence may be in accordance with Form 11 of the Schedule, and that a notice sent pursuant to an objection on grounds other than non-residence may be in accordance with Form 12 of the Schedule.
Forms 11 and 12 have undergone only minor amendments since they were originally promulgated. In recent years, there have been numerous complaints concerning difficulties experienced by electors in understanding the forms.
The purpose of the amendments is to amend regulation 28 so that it will prescribe the notice to be sent to electors pursuant to objections on any grounds, and to replace Forms 11 and 12 with a new Form 11. The new Form 11 is expressed in simpler and less legalistic language than those it replaces and contains alternative paragraphs to be included or deleted as necessary, according to the grounds of objection in each case.
Regulation 53 prescribes that the notice to be sent to an elector who appears to have failed to vote and the form for the reply of the elector, may be in accordance with Forms 22 and 23 of the Schedule respectively.
Both forms have been the subject of numerous complaints concerning difficulties experienced by electors in understanding them.
The purpose of the amendments is to delete Forms 22 and 23 from the Schedule and substitute new forms, expressed in simpler and less legalistic language.
Section 19 of the Act provides that the Commonwealth Electoral Act 1918 applies in the Australian Capital Territory with such exceptions and subject to such modifications and adaptations as are prescribed. Sub-section 217(4) of the Commonwealth Electoral Act provides that the regulations may permit use of any repealed form for any prescribed period notwithstanding that a new form has been prescribed. Because despatch of objection notices is a continuing process and because the non-voter follow up action resulting from the March 5 election is not yet complete, a period of six months is prescribed during which both new and old forms have effect.
Overview
The Australian Capital Territory Representation (House of Representatives) Act 1973 was enacted to address the need for specific provisions governing the representation of the Australian Capital Territory in the House of Representatives. This legislation was introduced by the Australian Parliament to ensure that the Territory's electoral processes are appropriately managed. The Act aims to provide a framework for Commonwealth electoral administration in the Australian Capital Territory, including the application of certain provisions of the Commonwealth Electoral Act 1918 with necessary adaptations. In response to persistent difficulties reported by electors in understanding certain forms, amendments were made to the Australian Capital Territory Representation Regulations to simplify the language and structure of the forms used for various electoral communications, such as notices regarding objections to voter eligibility and follow-ups for non-voters. The amendments seek to enhance clarity and accessibility for electors, facilitating a smoother electoral process.
Scope and Application
The Australian Capital Territory Representation Regulations govern the administration of Commonwealth electoral matters within the Australian Capital Territory, providing specific procedural requirements for the handling of objections to electoral rolls and notices to non-voters. The Act applies to individuals and entities involved in the electoral process within the Territory, including electoral officers, candidates, and voters. The jurisdictional reach of the Act is confined to the Australian Capital Territory, with the Commonwealth Electoral Act 1918 applying subject to modifications and adaptations prescribed by the Act. The amendments to the regulations primarily aim to simplify the language of the forms used in objection notices and non-voter follow-ups to enhance clarity and accessibility for electors. While the Act extends its application through subordinate regulations, it also includes provisions that permit the use of older forms for a transitional period of six months to accommodate ongoing electoral processes. This ensures a smooth transition while addressing the difficulties electors have faced with the previous forms.
Key Provisions
The Australian Capital Territory Representation (House of Representatives) Act 1973, as amended by the Australian Capital Territory Representation Regulations (Amendment) Statutory Rules 1983 No. 154, primarily governs the administration of Commonwealth electoral processes within the Australian Capital Territory. Regulation 28 of the amended Regulations addresses the forms of notices sent to electors whose inclusion on an electoral roll has been objected to, as outlined in Part VIII of the Commonwealth Electoral Act 1918 (Section 28). The amendment to this regulation introduces a new Form 11, which simplifies the language used in these notices to improve clarity and reduce confusion among electors. This new form is designed to accommodate objections based on non-residence or other grounds, replacing the previously used Forms 11 and 12.
Furthermore, Regulation 53 of the amended Regulations pertains to notices sent to electors who appear to have failed to vote, as well as the forms for elector replies, as stipulated in the Commonwealth Electoral Act 1918 (Section 53). The regulation replaces the existing Forms 22 and 23 with new forms that are similarly designed in simpler and less legalistic language to facilitate understanding and reduce the potential for misunderstanding or misapplication.
The obligations imposed by these regulations include ensuring that all notices and forms used in the electoral process are accessible and comprehensible to the electorate. The regulations require electoral administrators to use the prescribed forms when sending notices related to objections or non-voter follow-ups, thereby ensuring consistency and fairness in the electoral process. These obligations are essential to uphold the integrity of the electoral process and to ensure that all electors are adequately informed and can participate effectively.
In the event of non-compliance with these regulations, the potential consequences include civil or administrative penalties, as outlined in the Commonwealth Electoral Act 1918. While the specific penalties are not detailed within the Explanatory Statement, the Act generally provides for fines and other penalties for breaches of electoral laws, which may include the invalidation of electoral processes or actions taken under the Act. The regulations also permit the use of any repealed form for a prescribed period, ensuring a smooth transition to the new forms without immediate disruptions to ongoing electoral activities.