COMMONWEALTH ELECTORAL.
No. 2 of 1929.
An Act to amend section Two hundred and fourteen of the Commonwealth Electoral Act 1918-1928.
[Assented to 25th February, 1929.]
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 1929.
(2.) The Commonwealth Electoral Act 1918–1928 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 1918–1929.
Electoral matter may be sent by telegraph.
2. Section two hundred and fourteen of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(2.) Where after the result of a House of Representatives election has been declared, the Returning Officer has certified, by telegram addressed to the Chief Electoral Officer—
(a) that by reason of distance, or the infrequency of, or any interruption to, the postal services, the writ for the election, indorsed by the Returning Officer with the name of the candidate elected, cannot reach the Governor-General, or the Speaker, as the case may be, within seven days; and
(b) the name of the candidate elected,
the Chief Electoral Officer may indorse upon a copy of the writ a certified copy of the telegram received by him, and the copy writ so indorsed shall have the same force and effect as if it were the original writ duly indorsed by the Returning Officer:
Provided that if, upon the return of the original writ to the Governor-General or the Speaker, as the case may be, any disconformity is found to exist between the original writ and the copy writ as to the name of the candidate elected, the copy writ shall thereupon cease to have any force or effect, and action shall be taken in accordance with the indorsement on the original writ.”.
Overview
The Commonwealth Electoral Act 1929, enacted by the Parliament of Australia and assented to on 25th February 1929, is an amendment to the Commonwealth Electoral Act 1918-1928. This Act addresses the logistical challenges of delivering writs for House of Representatives elections, particularly in remote areas or when postal services are unreliable. It introduces the possibility of using telegraphs to expedite the transmission of election results, ensuring that the writs can be certified and delivered to the appropriate authorities within the required timeframe. The policy objective is to maintain the efficiency and integrity of the electoral process by providing an alternative method for the timely certification and delivery of election results.
Scope and Application
The Commonwealth Electoral Act 1929 amends section two hundred and fourteen of the Commonwealth Electoral Act 1918–1928, which is referred to as the Principal Act. This Act applies to electoral matters and specifically addresses the transmission of election results in situations where postal services are delayed or interrupted, thereby impacting the timely delivery of the writ to the Governor-General or the Speaker. The Act allows the Returning Officer to certify election results by telegram if the original writ cannot reach the Governor-General or the Speaker within seven days due to factors such as distance or interruptions in postal services. This certified telegram copy of the writ is given the same legal force as the original writ, provided that if there is any discrepancy between the original and the telegram copy, the telegram copy will lose its legal effect. This Act applies nationally and extends its application through subordinate instruments where necessary.
Key Provisions
The Commonwealth Electoral Act 1929 primarily amends Section 214 of the Commonwealth Electoral Act 1918-1928 (referred to as the Principal Act) by introducing a new sub-section (2). This amendment pertains to the process by which the Returning Officer can notify the Chief Electoral Officer of the result of a House of Representatives election. Specifically, if the writ for the election, endorsed with the name of the elected candidate, cannot be sent to the Governor-General or the Speaker within seven days due to distance, postal service disruptions, or infrequency of postal services, the Returning Officer can send this information via telegram to the Chief Electoral Officer (Section 2(2)(a) and (b)).
Under this amendment, the Chief Electoral Officer can then affix a certified copy of the telegram to a copy of the writ, and this copy will have the same legal validity as the original writ once it is endorsed by the Returning Officer (Section 2(2)). However, if there is any discrepancy between the original writ and the copy writ regarding the name of the elected candidate, the copy writ will lose its legal effect immediately, and the original writ will take precedence (Section 2(2) proviso).
The Act imposes certain obligations on the Returning Officer and the Chief Electoral Officer. The Returning Officer must ensure that if the writ cannot be sent within the specified timeframe, they notify the Chief Electoral Officer by telegram, providing all necessary details (Section 2(2)(a) and (b)). The Chief Electoral Officer, upon receiving this telegram, must certify it and attach it to a copy of the writ, ensuring that the copy has the same legal standing as the original (Section 2(2)). Additionally, both officers must be vigilant about any discrepancies between the original writ and the copy writ concerning the name of the elected candidate (Section 2(2) proviso).
Breach of these provisions could lead to legal complications, particularly if the copy writ is found to be incorrect upon the return of the original writ. While the Act does not explicitly outline specific penalties for breaches, any actions resulting from discrepancies could lead to administrative or judicial consequences. The Chief Electoral Officer is tasked with taking appropriate action if any discrepancies are found, ensuring that the correct candidate's name is officially recognised (Section 2(2) proviso). Failure to adhere to these provisions could undermine the integrity of the electoral process and potentially lead to legal challenges or administrative corrections.