Commonwealth Electoral Act 1961

Legislation au C1961A00026 Not in force Act

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COMMONWEALTH ELECTORAL.

 

No. 26 of 1961.

An Act to amend the Commonwealth Electoral Act 1918-1953.

[Assented to 19th May, 1961.]

[Date of commencement, 16th June, 1961.]

BE it enacted by the Queen’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 1961.

(2.) The Commonwealth Electoral Act 1918–1953 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 1918–1961.

Commencement of sections inserted by this Act.

2. Each section inserted in the Principal Act by this Act shall come into operation on the day on which this Act comes into operation.

3. Section four of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

“4. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–5).

Part II.—Administration (Sections 6–14).

Part III.—Electoral Divisions (Sections 15–25).

Part IV.—Subdivisions and Polling Places (Sections 26–28).

Part V.—Electoral Rolls (Sections 29–38).

Part VI.—Qualifications and Disqualifications for Enrolment and for Voting (Sections 39–39b).

Part VII.—Enrolment (Sections 40–51).

Part VIII.—Objections (Sections 52–57).

Part IX—Appeals (Section 58).

Part X.—Writs for Elections (Sections 59–67).

Part XI.—The Nominations (Sections 68–84).

Part XII.—Voting by Post (Sections 85–97).


Part XIII.—The Polling (Sections 98–128a).

Part XIV.—The Scrutiny (Sections 129–140).

Part XV.—The Return of the Writs (Sections 141–144).

Part XVI.—Limitation of Electoral Expenses (Sections 145–153).

Part XVII.—Electoral Offences (Sections 154–182).

Part XVIII.—Court of Disputed Returns.

Division 1.—Disputed Elections and Returns (Sections 183–202).

Division 2.—Qualifications and Vacancies (Sections 203–208).

Part XIX—Miscellaneous (Sections 209–219).”.

Persons entitled to enrolment and to vote.

4. Section thirty-nine of the Principal Act is amended by omitting sub-section (5.) and inserting in its stead the following sub-sections:—

“(5.) A person who is—

(a) the holder of a temporary entry permit for the purposes of the Migration Act 1958; or

(b) a prohibited immigrant under that Act,

is not entitled to enrolment under Part VII.

“(6.) An aboriginal native of Australia is not entitled to enrolment under Part VII. unless he—

(a) 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

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

Unenrolled members of Defence Force serving outside Australia.

5. Section thirty-nine a of the Principal Act is amended by omitting from sub-section (1.) the words and figures “sub-sections (4.) and (5.)” and inserting in their stead the word and figure “sub-section (4.)”.

6. After section thirty-nine a of the Principal Act the following section is inserted in Part VI.:—

Entitlement under section 41 of Constitution.

“39b. Notwithstanding any other provision of this Act, a person to whom section forty-one of the Constitution applies is entitled to enrolment under Part VII. and to vote at any Senate election or House of Representatives election.”.

Claims for enrolment or transfer of enrolment.

7. Section forty-one of the Principal Act is amended by omitting from paragraph (b) of sub-section (4.) the words “Territory for the Seat of Government” (wherever occurring) and inserting in their stead the words “Australian Capital Territory”.


Compulsory enrolment and transfer.

8. Section forty-two of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “Penalty: For a first offence, Ten shillings; and for any subsequent offence, Two pounds.”;

(b) by omitting from sub-section (3.) the words “Penalty: For a first offence, Ten shillings; and for every subsequent offence, Two pounds.”; and

(c) by adding at the end thereof the following sub-section:—

“(4.) A person who is guilty of an offence against this section is punishable upon conviction—

(a) in the case of a first offence—by a fine of Ten shillings; or

(b) in any other case—by a fine of not less than Ten shillings and not more than Two pounds.”.

Alterations to be initialed.

9. Section forty-eight of the Principal Act is amended by adding at the end thereof the words “or of the person who makes the alteration on behalf of the Registrar”.

Application for a postal vote certificate and postal ballot-paper.

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

(a) by omitting from paragraph (bb) of sub-section (1.) the word “or”;

(b) by inserting after paragraph (c) of sub-section (1.) the following word and paragraph:—

“; or (d) is, by reason of his membership of a religious order or his religious beliefs—

(i) precluded from attending at a polling booth; or

(ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,”;

(c) by adding at the end of sub-paragraph (i) of paragraph (c) of sub-section (2.) the words “or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2.) of section twenty-six of this Act”; and

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

“(2a.) An application shall be deemed not to have been duly made if it reaches the officer to whom it is made—

(a) where the officer is at a place in Australia—after eight o’clock in the evening of polling day reckoned according to standard or legal time at that place; or

(b) in any other case—after the close of the poll for the election.”.


Issue of certificate and ballot-papers.

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

(a) by omitting from sub-section (1a.) the words “standard or legal time in the State or Territory in which the election is to be held “ and inserting in their stead the words “the relevant standard or legal time as ascertained under the next succeeding sub-section”; and

(b) by inserting after sub-section (1a.) the following sub-section:—

“(1b.) For the purposes of the last preceding sub-section, the relevant standard or legal time, in relation to an application, is—

(a) where the officer who receives the application is at a place in Australia—standard or legal time at that place; or

(b) in any other case—standard or legal time in the State or Territory in which the election is to be held.”.

Vote of person whose name is not on certified list or has been struck out of certified list, or is on roll and cannot be found.

12. Section one hundred and twenty-one of the Principal Act is amended by omitting from sub-section (1.) the words “the Act” and inserting in their stead the words “this Act”.

13. Section one hundred and thirty of the Principal Act is repealed and the following section inserted in its stead:—

Scrutineers at scrutiny.

“130.—(1.) A candidate may appoint scrutineers to represent him at the scrutiny.

“(2.) Except as provided by the next succeeding sub-section, a candidate is not entitled to be represented at the scrutiny at a particular polling booth by more than one scrutineer.

“(3.) The officer who is to conduct, or is conducting, the scrutiny at a polling booth may, subject to any directions given to him from time to time by the Chief Electoral Officer for the Commonwealth, the Commonwealth Electoral Officer for the State in which the polling booth is situated or the Divisional Returning Officer in whose Division the polling booth is situated, permit each candidate to be represented at the scrutiny at the polling booth by scrutineers not exceeding in number such number as that first-mentioned officer determines.

“(4.) The appointment of a scrutineer under this section to represent a candidate at a polling booth—

(a) shall be made by notice in writing signed by the candidate, or by telegram signed by the candidate before it is tendered for transmission, given or sent to the officer who is to conduct, or is conducting, the scrutiny at the polling booth; and

(b) shall specify the name and address of the scrutineer.


“(5.) In this section, ‘polling booth’ includes any place at which a scrutiny is to be, or is being, conducted.”.

Display of certain electoral posters prohibited.

14. Section one hundred and sixty-four b of the Principal Act is amended by omitting from sub-section (1.) the word “sixty” (wherever occurring) and inserting in its stead the words “one thousand two hundred”.

Prohibition of canvassing near polling booths.

15. Section one hundred and seventy-one of the Principal Act is amended—

(a) by omitting the words “the entrance” (wherever occurring) and inserting in their stead the words “an entrance” ; and

(b) by adding at the end thereof the following sub-section:—

“(2.) Where—

(a) a building used as a polling booth is situated in grounds within an enclosure; and

(b) the presiding officer at the polling booth causes to be displayed throughout the hours of polling at each entrance to those grounds a notice signed by him stating that those grounds are, for the purposes of the last preceding sub-section, part of the polling booth,

those grounds shall, for the purposes of that sub-section, be deemed to be part of the polling booth.”.

16. After section two hundred and sixteen of the Principal Act the following section is inserted:—

Production of claims for enrolment, &c.

“216a.—(1.) A person who is, or has been, an officer shall not, except for the purposes of this Act, be required—

(a) to produce in court a claim for enrolment or transfer of enrolment under this Act; or

(b) to divulge or communicate to a court any matter or thing in relation to a claim for enrolment or transfer of enrolment under this Act, being a matter or thing that has come under his notice in the performance of his duties or functions under this Act.

“(2.) In this section, ‘officer’ includes any person performing duties, or exercising powers or functions, under or in relation to this Act.”.

The Schedule.

17. The Schedule to the Principal Act is amended by omitting from Form A the words “the office of the Commonwealth Electoral Officer” and inserting in their stead the words “[here insert name of building]”.

Overview

The Commonwealth Electoral Act 1961, enacted by the Parliament of Australia, serves to amend the Commonwealth Electoral Act 1918–1953. This legislation was introduced to address certain gaps and outdated provisions in the previous electoral law, aiming to refine the administration and conduct of federal elections. The Act introduces amendments to streamline the electoral process, update voter eligibility criteria, and ensure the integrity of the electoral system. By updating the legal framework, the Act seeks to maintain the efficacy and fairness of federal elections in Australia. The Act makes several amendments to the Principal Act, including changes to voter eligibility, the administration of elections, and penalties for non-compliance. For example, it specifies that holders of temporary entry permits and prohibited immigrants under the Migration Act 1958 are not entitled to enrolment, while also clarifying the enrolment rights of Aboriginal natives. Additionally, the Act revises penalties for non-compliance with enrolment requirements and updates the conditions under which individuals can apply for postal votes. The overall objective of these amendments is to enhance the administration of elections and safeguard the electoral process.

Scope and Application

The Commonwealth Electoral Act 1961 applies to individuals and entities involved in the electoral process within the Commonwealth of Australia. This encompasses persons eligible for enrolment and voting, electoral divisions, the administration of elections, and the conduct of candidates and scrutineers. The Act extends its reach across the Commonwealth, including territories, and provides for specific exclusions and qualifications regarding who can be enrolled to vote. For instance, holders of temporary entry permits under the Migration Act 1958 and prohibited immigrants are not entitled to enrolment. Additionally, Aboriginal natives of Australia are excluded from enrolment unless they meet certain conditions, such as being entitled to state enrolment and voting rights or being a member of the Defence Force. The Act also modifies penalties for non-compliance with enrolment laws and expands the categories of individuals eligible to apply for postal votes, such as those precluded from attending polling booths due to religious orders or beliefs. Furthermore, the Act regulates the appointment and conduct of scrutineers at polling booths and sets restrictions on the display of electoral posters and canvassing near polling booths. Notably, the Act includes provisions to protect the confidentiality of enrolment claims and related information held by officers involved in the electoral process.

Key Provisions

The Commonwealth Electoral Act 1961 (C1961A00026) amends the Commonwealth Electoral Act 1918-1953, introducing several changes to the electoral process in Australia. The Act modifies the eligibility for enrolment and voting by excluding certain groups such as holders of temporary entry permits under the Migration Act 1958, prohibited immigrants, and aboriginal natives of Australia unless they meet specific conditions (Section 4). It also updates the provisions regarding the enrolment of unenrolled members of the Defence Force serving outside Australia (Sections 5 and 6). The Act simplifies the process for compulsory enrolment and transfer by removing specific penalties for first and subsequent offences, replacing them with a general penalty structure (Section 8). Additionally, it updates the process for applying for a postal vote certificate and ballot-papers, allowing for more flexibility for individuals with religious or other constraints (Sections 10 and 11). The Act imposes obligations on various parties, including the requirement for certain alterations to be initialed by the relevant person or the Registrar (Section 9). It also mandates that scrutineers appointed by candidates must be communicated in writing or via telegram and must specify the scrutineer's name and address (Section 130). Furthermore, it outlines the process for scrutineers to be permitted at a scrutiny, allowing the scrutineer to be represented by more than one person under certain conditions (Section 130). The Act also places restrictions on the display of electoral posters and canvassing near polling booths to ensure a fair electoral environment (Sections 14 and 15). For breaches of the Act, the penalties and consequences vary. The Act specifies fines for offences related to compulsory enrolment and transfer, with the fine for a first offence being Ten shillings and for subsequent offences not less than Ten shillings and not more than Two pounds (Section 8). Additionally, the Act prohibits officers from being required to produce claims for enrolment or transfer of enrolment or to divulge certain information in court (Section 216a). Non-compliance with these provisions may result in legal action and associated penalties as stipulated by the Act.

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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.