Commonwealth Electoral Act 1949

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COMMONWEALTH ELECTORAL.

No. 10 of 1949.

An Act to amend the Commonwealth Electoral Act 1918–1948.

[Assented to 25th March, 1949.]

[Date of commencement, 22nd April, 1949.]

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 1949.

(2.) The Commonwealth Electoral Act 1918–1948 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 1918–1949.

Commencement.

2. Each section inserted in the Principal Act by this Act shall commence on the date of commencement of this Act.

Persons entitled to enrolment and to vote.

3. Section thirty-nine of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) who are British subjects,”; and

(b) by inserting after paragraph (a) of sub-section (5.) the following paragraph:—

“(aa) he is an aboriginal native of Australia and—

(i) is entitled under the law of the State in which he resides to be enrolled as an elector of that State and, upon enrolment, to vote at elections for the more numerous House of the Parliament of that State (or, if there is only one House of the Parliament of that State, for that House); or

(ii) is or has been a member of the Defence Force;”.

Registration of claim.

4. Section forty-three of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (1.) the words “Subdivision Roll” and inserting in their stead the words “Roll kept by him”;

(b) by omitting from sub-paragraph (iii) of that paragraph the word “Subdivision”; and

Qualifications of members of House of Representatives.

5. Section sixty-nine of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

“(b) He must be a British subject;”; and

(b) by omitting paragraph (d) of that sub-section and inserting in its stead the following paragraph:—

“(d) He must be either—

(i) an elector entitled to vote at the election of members of the House of Representatives; or

(ii) a person qualified to become such an elector.”.

Application for postal vote certificate and postal ballot-paper.

6. Section eighty-five of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) The application may be in the prescribed form and must—

(a) contain a declaration by the applicant setting out the grounds upon which he applies for a postal vote certificate and postal ballot-paper;

(b) be signed by the applicant in his own handwriting in the presence of an elector (or, if the applicant is outside Australia, in the presence of one of the persons specified in paragraph (b) of sub-section (1.) of section ninety-one b of this Act); and

(c) be made after the tenth day prior to the issue of the writ for the election to the Divisional Returning Officer for the Division for which the applicant is enrolled or—

(i) if the applicant has reason to believe he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at the election—to some other Divisional Returning Officer;

(ii) if the applicant is enrolled for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2.) of section twenty-six of this Act—to the Registrar for that Subdivision;

(iii) if the applicant is temporarily within the Australian Capital Territory—to the Returning Officer for that Territory; or

(iv) if the applicant is temporarily within the Northern Territory of Australia—to the Returning Officer for that Territory.

“(2a.) The application shall not be deemed to have been duly made unless it reaches the Divisional Returning Officer, Registrar or Returning Officer to whom it is addressed before the close of the poll for the election.”; and

(b) by omitting from sub-section (4.) the words “kept in pursuance of regulations made under the Advisory Council Ordinance 1936–1938 of” and inserting in their stead the word “for”.

Duty of witnesses.

7. Section eighty-seven of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “elector” (first occurring), the words “or other person”;

(b) by inserting in sub-section (2.), after the word “elector”, the words “or other person”; and

8. After section eighty-seven of the Principal Act the following section is inserted:—

Penalty for inducing elector to apply for postal vote.

“87a. A person shall not persuade or induce, or associate himself with a person in persuading or inducing, an elector to make application for a postal vote certificate and postal ballot-paper.

Penalty: Fifty pounds or imprisonment for one month.”.

Issue of certificate and ballot-papers.

9. Section eighty-eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “or Registrar” (twice occurring) and inserting in their stead the words “,Registrar or Returning Officer”; and

(b) by omitting from the proviso to sub-section (1.) the words “deliver or”.

Inspection of applications.

10. Section eighty-nine of the Principal Act is amended by omitting sub-sections (1a.) and (2.) and inserting in their stead the following sub-sections:—

“(2.) All applications for postal vote certificates and postal ballot-papers received by a Registrar or by the Returning Officer for the Australian Capital Territory or the Returning Officer for the Northern Territory of Australia shall, after being indorsed with the date of the issue of the postal vote certificate and postal ballot-paper, forthwith be sent to the Divisional Returning Officer for the Division to which they relate.

“(3.) All applications for postal vote certificates and postal ballot-papers shall be open to public inspection at all convenient times during office hours from and including the third day after polling day until the election can be no longer questioned.”.

Numbering of applications and certificates.

11. Section ninety of the Principal Act is amended by omitting the words “or Registrar” (twice occurring) and inserting in their stead the words “, Registrar or Returning Officer”.

Authorized witnesses.

12. Section ninety-one b of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1.) and inserting in their stead the following paragraphs:—

“(a) any elector whose name appears on the Roll for a State, for the Australian Capital Territory or for the Northern Territory of Australia; and

“(b) where the vote is recorded outside Australia—any officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the King’s dominions or any person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth.”.

Directions for postal voting.

13. Section ninety-two of the Principal Act is amended by omitting paragraphs (d) and (e) of sub-section (1.) and inserting in their stead the following paragraphs:—

“(d) The elector shall then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper in the prescribed manner, fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope;

“(e) The elector shall forthwith post or deliver the envelope, or cause it to be posted or delivered, to the Divisional Returning Officer;”.

Unlawfully opening postal ballot-paper.

14. Section ninety-three b of the Principal Act is amended by omitting the words “paragraph (e) or paragraph (f) of sub-section (1.) of section ninety-two of this Act and which has been fastened by an authorized witness” and inserting in their stead the words “paragraph (d) or paragraph (f) of sub-section (1.) of section ninety-two of this Act and which has been fastened by the elector”.

Penalty for failure to post or deliver postal ballot-paper.

15. Section ninety-four of the Principal Act is amended by inserting after the word “Registrar” the words “,a Returning Officer”.

16. After section ninety-four of the Principal Act the following section is inserted:—

Penalty for inducing elector to hand over postal ballot-paper.

“94a. person shall not persuade or induce an elector to hand over to him a postal ballot-paper upon which a vote has been recorded.

Penalty: Fifty pounds or imprisonment for one month.”.

Preliminary scrutiny of postal ballot-papers.

17. Section ninety-six of the Principal Act is amended by omitting from paragraph (b) the words “the envelope bearing the certificate was posted or delivered” and inserting in their stead the words “the vote contained in the envelope was recorded”.

Questions to be put to voter.

18. Section one hundred and fifteen of the Principal Act is amended by omitting sub-paragraph (v) of paragraph (b) of sub-section (1.) and inserting in its stead the following sub-paragraph:—

“(v) Are you a British subject?”.

Return of writs for House of Representatives.

19. Section one hundred and forty-two of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “chief polling place for the Division” and inserting in their stead the words “place of nomination”.

Overview

The Commonwealth Electoral Act 1949 was enacted to amend the Commonwealth Electoral Act 1918-1948, addressing certain gaps and updating the electoral process. This Act was passed by the Parliament of the Commonwealth of Australia and received Royal Assent on 25th March 1949, commencing on 22nd April 1949. The primary objective of this Act was to refine the eligibility criteria for enrolment and voting, ensuring that only those who met specific qualifications could participate in federal elections. Additionally, the Act introduced stricter regulations for the application process of postal votes, including penalties for inducing electors to apply for postal votes or hand over their postal ballot papers. It also aimed to ensure transparency in the electoral process by making applications for postal votes open to public inspection after polling day. The Act introduced several amendments to the Principal Act, including the amendment of the eligibility criteria for enrolment and voting, by specifying that only British subjects were entitled to enrol and vote, and by including Aboriginal natives under specific conditions. Furthermore, the Act updated the process of applying for postal votes, setting out clear guidelines and penalties for improper conduct in relation to postal voting. This included the introduction of penalties for persuading or inducing electors to apply for postal votes or to hand over their postal ballot papers. The Act also aimed to maintain the integrity of the electoral process by specifying the roles and responsibilities of various electoral officers and by introducing penalties for opening postal ballot papers unlawfully or for failing to post or deliver postal ballot papers.

Scope and Application

The Commonwealth Electoral Act 1949 amends the Commonwealth Electoral Act 1918–1948, which now may be cited as the Commonwealth Electoral Act 1918–1949. This Act applies to the persons entitled to enrolment and to vote, including those who are British subjects and aboriginal natives of Australia who meet specific criteria relating to State electoral enrolment and Defence Force membership. The Act also governs the qualifications of members of the House of Representatives, requiring them to be British subjects and either electors or individuals qualified to become electors. The application process for postal vote certificates and ballot-papers is outlined, including the requirement for the application to be made within a specified timeframe and to be signed in the presence of an authorised person. The Act extends to the Australian Capital Territory and the Northern Territory, and specifies the process for the inspection of postal voting applications. The Act also includes provisions for penalties related to inducing electors to apply for postal votes or to hand over postal ballot-papers. The Act applies nationally within the Commonwealth of Australia and its territories, with the amendments taking effect from the date of commencement of the 1949 Act. The Act does not explicitly state exclusions, exemptions, or thresholds, but its provisions are comprehensive and apply to all eligible voters and candidates within the specified jurisdictional scope.

Key Provisions

The Commonwealth Electoral Act 1949 (the "Act") brings several key amendments to the Commonwealth Electoral Act 1918–1948 (the "Principal Act"). The Act modifies the eligibility criteria for enrolment and voting (s. 3), the registration of claims for enrolment (s. 4), the qualifications for members of the House of Representatives (s. 5), the application process for postal votes (s. 6), and the roles and duties of witnesses (s. 7). It also introduces new provisions regarding the inducement of electors to apply for postal votes (s. 87a), the inspection of postal vote applications (s. 10), and penalties for certain electoral offences (ss. 94a, 93b). Under the Act, certain amendments expand the eligibility for enrolment and voting to include Aboriginal natives of Australia who are entitled to be enrolled and vote in state elections or who are or have been members of the Defence Force (s. 3(5)(aa)). It also mandates that applications for postal votes be submitted to the appropriate Divisional Returning Officer, Registrar, or Returning Officer, depending on the circumstances, and requires these applications to be open to public inspection after the election period (ss. 6, 10). Furthermore, the Act clarifies the roles of witnesses in the postal voting process, ensuring that they are present when the elector marks the ballot paper but cannot see how the vote is cast (s. 13(d)). It also specifies the authorised witnesses who can witness the signing of postal vote applications (s. 12). The Act imposes various obligations on the parties involved in the electoral process. It requires applicants for postal votes to submit their applications in the prescribed form, containing a declaration of the grounds for their application, signed in the presence of an authorised witness (s. 6(2)). It mandates that applications for postal vote certificates and ballot papers be sent to the relevant Divisional Returning Officer after being endorsed with the date of issue (s. 10(2)). Additionally, it outlines the duties of witnesses in witnessing the marking and posting of postal ballots (s. 13(d), (e)) and specifies the penalties for any failure to comply with these provisions. Breaches of the Act are subject to penalties and other consequences. The Act imposes a penalty of fifty pounds or imprisonment for one month for anyone who persuades or induces an elector to apply for a postal vote certificate and postal ballot-paper (s. 87a). Similarly, it sets a penalty of fifty pounds or imprisonment for one month for those who persuade or induce an elector to hand over a postal ballot-paper upon which a vote has been recorded (s. 94a). Furthermore, it criminalises the act of unlawfully opening a postal ballot-paper that has been fastened by the elector, with a penalty of fifty pounds or imprisonment for one month (s. 93b).

Area of Law: Electoral Law
Instrument: Amending Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Penalty Provisions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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