Commonwealth Electoral Act 1966

Overview

The Commonwealth Electoral Act 1966, enacted in 1966, addresses the issue of granting voting rights to individuals under the age of twenty-one who are, or have been, members of the Defence Force on special service outside Australia. The Act was introduced by the Australian Parliament to ensure that young members of the Defence Force who are temporarily stationed overseas can participate in federal elections. The policy objective of the Act is to recognise the service and sacrifice of these individuals by allowing them to exercise their democratic rights despite their geographical displacement, provided they meet the specified criteria of having lived in Australia for six months continuously before their special service and being a British subject. The Act amends the Commonwealth Electoral Act 1918-1965 to include provisions that deem eligible Defence Force members under twenty-one years old, who have been on special service, as electors. This includes allowing them to apply for postal vote certificates and postal ballot-papers, while exempting them from certain compulsory voting requirements. The Act ensures these individuals can vote in the electoral division where they last resided before their departure or where they are residing at the time the writ for the election is issued, thereby maintaining the integrity and inclusivity of the electoral process.

Scope and Application

The Commonwealth Electoral Act 1966 applies to individuals who are members of the Defence Force and have been on special service outside Australia, provided they meet specific criteria regarding their age and residency. Specifically, these individuals must be under the age of twenty-one years and must have lived in Australia for at least six months continuously before their special service. Additionally, they must be British subjects. This Act ensures that such persons are deemed to be electors and are entitled to vote at parliamentary elections under the Commonwealth Electoral Act 1918-1966. The Act extends to the geographic reach of the Commonwealth, governing voting rights within Australia for those affected by its provisions. The Act does not explicitly mention any exclusions, exemptions, or thresholds beyond those outlined in its provisions. Subordinate instruments may further clarify or extend the application of this Act, although the primary text itself provides a comprehensive framework for the eligibility and voting rights of the specified group.

Key Provisions

The Commonwealth Electoral Act 1966 introduces specific provisions to allow persons under the age of twenty-one who are, or have been, on special service outside Australia as members of the Defence Forces to vote at parliamentary elections. Section 39a of the Principal Act (Commonwealth Electoral Act 1918-1965) is amended to include these individuals as eligible electors under certain conditions. Specifically, a person who is less than twenty-one years old can be deemed an elector if they are, or have been, a member of the Defence Force on special service and meet the residency requirement of living in Australia for six months continuously before the commencement of their special service (section 3(3)(a)). Additionally, they must be a British subject (section 3(3)(b)) and, if they were outside Australia when the writ for the election was issued, they should vote in the subdivision in which they last ordinarily lived in Australia (section 3(3)(d)), or if they were in Australia at that time, in the subdivision where they were living (section 3(3)(e)). The Act imposes certain obligations on these special electors. For instance, they must apply for a postal vote certificate and postal ballot-paper, as amended in section 85 of the Principal Act. This application must include a declaration setting out the grounds upon which they are entitled to vote (section 4(b)). Furthermore, returning officers are required to notify the issuing of these certificates and ballot-papers to all eligible electors, except those who are electors by virtue of section 39a (section 5). The preliminary scrutiny of postal ballot-papers also includes a check to ensure that the elector is indeed entitled to vote under section 39a, with the power to disallow the ballot-paper if not satisfied (section 6). The Act also outlines specific consequences for breaches of electoral laws. For example, voting in an election where one is not eligible to vote is an offence, and the penalties for such breaches can include fines and imprisonment. The maximum penalties are stipulated within the broader electoral legislation, which may include substantial fines and/or imprisonment terms depending on the severity of the breach. These provisions ensure that the integrity of the electoral process is maintained, and those who are not eligible to vote under the Act are duly excluded from participating in parliamentary elections.