COMMONWEALTH ELECTORAL.
No. 14 of 1922.
An Act to amend the Commonwealth Electoral Act 1918-1921.
[Assented to 28th September, 1922.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Electoral Act 1922.
(2.) The Commonwealth Electoral Act 1918-1921 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral Act 1918-1922.
Commencement.
2. The several sections of this Act shall commence on such dates as are respectively fixed by Proclamation.
Persons entitled to enrolment and to vote.
3. Section thirty-nine of the Principal Act is amended by adding at the end of sub-section (3.) the following provisos:—
“Provided that an elector whose real place of living is not in the Division in respect of which he is enrolled shall not be entitled to vote as an elector of that Division if, since he secured that enrolment, he has at any time before the commencement of the period of twenty-one days before the issue of the writ for the election, become entitled to be enrolled in respect of another Division:
Provided further that nothing in this sub-section shall disentitle an elector from voting in respect of the Division for which he is enrolled if he is temporarily living elsewhere than within the Division in respect of which he claims to vote with a fixed intention of returning to his place of living in that Division for the purpose of continuing to live therein.”.
4. After section seventy-two of the Principal Act the following section is inserted:—
Grouping of candidates.
“72a.—(1.) Candidates nominated for election to the Senate may claim to have their names grouped in the ballot-papers in the manner prescribed in this Act.
“(2.) A group shall include the names of those candidates only each of whom notifies the Commonwealth Electoral Officer for the State in the prescribed manner after he has been nominated, and not later than twelve o’clock noon on the day of nomination, that he desires to have his name included in that group with the names of the other candidates in that proposed group, and with those names only.
“(3.) A candidate shall not be entitled to have his name included in more than one group.
“(4.) A notification, pursuant to this section, shall not be rejected by reason of any formal defect or error therein if the Commonwealth Electoral Officer who receives the notification is satisfied that the provisions of this Act and the regulations have been substantially complied with.
“(5.) Upon the receipt of notifications in accordance with this section, from all the candidates in any proposed group, the Commonwealth Electoral Officer shall include the names of those candidates in a group, and shall notify each…
Overview
The Commonwealth Electoral Act 1922 (Cth) was enacted to amend the Commonwealth Electoral Act 1918-1921, addressing various issues and gaps in the original legislation. Passed by the Australian Parliament, this Act aimed to refine and enhance the electoral process. Among its provisions, it introduced measures to clarify electoral eligibility, notably addressing the issue of voters who have changed their residential status since enrolment. It also introduced the concept of candidate groupings for Senate elections, allowing candidates to appear together on ballot papers if they meet certain criteria. Additionally, the Act strengthened penalties for electoral fraud, including unlawful marking of postal ballot papers and unauthorized opening of postal ballot envelopes. It further refined the scrutiny process for votes and the handling of postal votes, ensuring greater accountability and transparency in the electoral process. Through these amendments, the Commonwealth Electoral Act 1922 sought to maintain the integrity of federal elections and uphold the democratic principles of the Commonwealth.
Scope and Application
The Commonwealth Electoral Act 1922 amends the Commonwealth Electoral Act 1918-1921 to introduce several modifications to electoral procedures and processes in Australia. This Act applies to all individuals eligible for enrolment to vote, candidates nominated for election, and the conduct of elections within the Commonwealth. It has a national jurisdictional reach, impacting electoral practices across Australia. The Act specifically excludes certain persons from voting if they have become entitled to be enrolled in another division before the specified period before an election. Additionally, it outlines provisions for the grouping of candidates, the management of postal votes, and the handling of ballot papers, among other electoral processes. The Act also stipulates penalties for unlawful actions such as marking a postal ballot paper without authorisation. Notably, the Act does not specify exclusions or exemptions beyond those outlined in the text, and its application is not extended or restricted through subordinate instruments.
Key Provisions
- The Commonwealth Electoral Act 1922 amends the Commonwealth Electoral Act 1918-1921 (referred to as the Principal Act) by introducing several key provisions. Section 3 amends the eligibility of electors to vote, stipulating that an elector whose primary residence is not in the division for which they are enrolled cannot vote if, before the start of the 21-day period before the election writ is issued, they became eligible to enroll in another division. However, if an elector is temporarily residing outside their enrolled division with the intention of returning, they retain their voting rights in that division. Section 72a introduces the concept of candidate grouping, allowing candidates to be grouped on ballot papers if they notify the Commonwealth Electoral Officer of their intention. This section ensures that each candidate can only be part of one group and allows for the inclusion of a candidate's name despite formal defects in the notification, provided the provisions of the Act and regulations are substantially complied with.
- The Act imposes several obligations on the parties involved. Section 4 mandates that applications for postal votes must reach the relevant Divisional Returning Officer before 6:00 PM on the day before polling day. Section 7 expands the list of authorized witnesses for postal voting to include Permanent Way Inspectors and Road-masters employed in the Railway service of the Commonwealth. Furthermore, Section 105a details the specific manner in which Senate ballot papers must be printed, including the order of candidate names and groups.
- The Act also outlines consequences for non-compliance. Section 93a establishes that only the elector or an authorized witness assisting a visually impaired elector can mark a postal ballot paper, with a penalty of a $100 fine or six months imprisonment for violations. Section 93b prohibits anyone other than the Returning Officer or an authorized officer from opening the envelope containing the postal ballot paper, with a penalty of a $50 fine for breaches. Additionally, Section 121a stipulates that if a voter's claim to vote is refused, the presiding officer must document the refusal and reasons, with signatures from the presiding officer, poll clerk, and scrutineers. These measures ensure adherence to electoral processes and address potential misconduct during elections.
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Offence Provisions
- Regulatory Standards
- Compliance Obligations
