COMMONWEALTH ELECTORAL.
No. 19 of 1940.
An Act to amend the Commonwealth Electoral Act 1918–1934.
[Assented to 29th May, 1940.]
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 1940.
(2.) The Commonwealth Electoral Act 1918–1934 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 1918–1940.
Commencement.
2. This Act shall come into operation on a day to be fixed by Proclamation.
Assistant Returning Officers.
3. Section nine of the Principal Act is amended—
(a) by inserting in sub-section (2.), after the word “election” (first occurring), the words “or a referendum”; and
(b) by adding at the end of that sub-section the words “or referendum”.
Subdivisions.
4. Section twenty-six of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(2.) The Minister may, on the recommendation of the Chief Electoral Officer, by notice in the Gazette, declare any Subdivision to be a remote Subdivision for the purposes of this Act.”.
Printing of Rolls.
5. Section thirty-six of the Principal Act is amended by omitting from sub-section (2.) the words “be prepared, and wherever practicable printed, immediately previous to a Senate Election or a General Election for the House of Representatives” and inserting in their stead the words “, where necessary, be prepared and printed immediately after the issue of the writ for an election or a referendum”.
Alteration of Rolls.
6. Section forty-seven of the Principal Act is amended by omitting the second proviso to paragraph (h) of sub-section (1.).
7. After section seventy-two a of the Principal Act the following section is inserted:—
Order of names in group.
“72b. Candidates nominated for election to the Senate whose names are included in a group in accordance with the provisions of section seventy-two a of this Act may notify the Commonwealth Electoral Officer for the State of the order in which it is desired the names of the candidates in the group shall appear in the ballot-papers, and where a notification in pursuance of this section is received by the Commonwealth Electoral Officer from each of the candidates whose names are included in the group not later than twelve o’clock noon on the day of nomination and the names of the candidates in the group are set out in all the notifications in the same order, the names of the candidates in the group shall appear in the ballot-papers in that order.”.
Application for postal vote certificate and postal ballot-paper.
8. Section eighty-five of the Principal Act is amended—
(a
Overview
The Commonwealth Electoral Act 1940 was enacted by the Australian Parliament to amend the Commonwealth Electoral Act 1918–1934, addressing several gaps and issues within the electoral process. The Act introduces various provisions to enhance the administration and regulation of elections and referendums, including amendments to the roles of Assistant Returning Officers, the process for declaring remote subdivisions, and the procedures for handling postal votes. Additionally, the Act updates the printing and alteration of electoral rolls, the order of candidates on ballot papers, and the scrutiny of postal ballot-papers. It also introduces penalties for the unlawful opening of postal ballot-papers and failure to post or deliver application or postal ballot-papers. Furthermore, the Act addresses the broadcasting of election-related matters, the display of badges or emblems in polling booths, and the publication of matter regarding candidates, aiming to maintain the integrity and fairness of the electoral process.
Scope and Application
The Commonwealth Electoral Act 1940 amends the Commonwealth Electoral Act 1918–1934, extending its scope to include various procedural and administrative changes related to elections and referendums in Australia. This Act applies to the entire Commonwealth of Australia and governs the roles and responsibilities of electoral officers, including Assistant Returning Officers, and the conduct of elections and referendums. It includes provisions for the declaration of remote subdivisions, the timing and preparation of electoral rolls, and the handling of postal votes. Notably, it extends the authority of Registrars in remote areas and modifies the order in which candidates' names are to appear on ballot papers. The Act also includes penalties for broadcasting electoral comments without proper attribution and prohibits the display of badges or emblems in polling booths. Additionally, it regulates the publication of material regarding candidates without their written consent and outlines the method of disputing elections. The Act provides for the creation of rules by the High Court to govern the conduct of elections and allows defendants to be called upon to give evidence in electoral disputes. The changes made by this Act are applicable nationwide, impacting all federal elections and referendums held within the Commonwealth of Australia.
Key Provisions
- The Commonwealth Electoral Act 1940 (Act) amends the Commonwealth Electoral Act 1918-1934 (Principal Act). Key provisions of the Act include the amendment of the role of Assistant Returning Officers to include referendums (Section 3), the ability for the Minister to declare any Subdivision as a remote Subdivision (Section 4), and the amendment of the printing of rolls to occur immediately after the issue of the writ for an election or a referendum (Section 5).
- The Act imposes obligations on various parties involved in the electoral process. For example, candidates nominated for election to the Senate whose names are included in a group can notify the Commonwealth Electoral Officer for the State of the order in which it is desired their names shall appear in the ballot-papers (Section 72b). The Commonwealth Electoral Officer must make out slips bearing the names of the candidates in each group and deposit the envelopes in a locked ballot-box (Section 105a).
- There are several offences and penalties associated with breaches of the Act. For instance, unlawfully opening a postal ballot-paper or failing to post or deliver an application or postal ballot-paper can result in penalties (Sections 93b and 94). Broadcasting an announcement or statement commenting upon any candidate, political party, or the issues being presented to electors without including the true name and address of the author(s) is an offence with a penalty of fifty pounds (Section 164a). Wearing or displaying any badge or emblem of a candidate or political party in a polling booth on polling day is an offence with a penalty of twenty-five pounds (Section 171a).
- Additionally, if any matter is announced or published without the written authority of a candidate, suggesting the candidate is associated with or supports the policy or activities of an association or body, this is an offence with a penalty of fifty pounds or imprisonment for three months (Section 181a). If any House of the Parliament passes a resolution disallowing any Rule of Court made under the Act, that Rule shall cease to have effect (Section 202).
- Area of Law
- Elections & Political Processes
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Regulatory Standards