STATUTORY RULES.
1913. No. 200.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH ELECTORAL ACT 1902–1911 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906–1912.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Commonwealth Electoral Act 1902–1911, and the Referendum (Constitution Alteration) Act 1906–1912, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated the eleventh day of July, One thousand nine hundred and thirteen.
DENMAN,
Governor-General
By His Excellency’s Command,
JOSEPH COOK,
Minister of State for Home Affairs.
Statutory Rules 1912, No. 161, and 1913, No. 199, are amended by the insertion, after Regulation 24a, of the following Regulation:—
24b. (1) Each candidate for a contested election for the House of Representatives held on the 31st of May, 1913, shall be entitled to appoint, in writing or by telegram, one person to be present throughout the inquiry. Such person shall be known as a scrutineer, and shall, if he complies with the requirements of this Regulation, be entitled to receive from the Commonwealth an allowance of One pound one shilling for each day of eight hours during which he is in attendance at the inquiry. The inquiry shall be conducted in the presence of such scrutineers appointed under this Regulation as choose to attend.
(2) A scrutineer shall be entitled to make a record of any names so marked on any certified lists of voters used for the purposes of the elections as to make it appear that the persons concerned have voted more than once at the elections, but shall not disclose any such information obtained by him at the inquiry until the conclusion thereof, and then only to the candidate by whom he was appointed. A scrutineer shall not otherwise disclose any knowledge officially acquired by him in connexion with the inquiry.
(3) The Divisional Returning Officer shall fix the date of the commencement of the inquiry, and shall give each candidate concerned at least three days’ notice of such date by telegram addressed to him at his place of residence as set forth in the nomination form lodged by such candidate.
C.9465.—Price 3d.
(4) Before the commencement of the inquiry each scrutineer shall make a declaration in the following form: —
Commonwealth Electoral Act 1902–1911.
Referendum (Constitution Alteration) Act 1906–1912.
Statutory Rule No. 200, 1913.
I, , do hereby promise and undertake to comply with the requirements of Regulation 24b in relation to the obligations imposed upon scrutineers, a copy of which I acknowledge to have received.
Signature
Dated the day of 19
Witness to signature
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulation under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912 was enacted on 11 July 1913 by the Governor-General in Council to address the need for scrutineers at contested elections for the House of Representatives held on 31 May 1913. This regulation was introduced to ensure that candidates could appoint scrutineers to monitor the electoral process, thereby enhancing the integrity of the elections. The regulation was deemed urgent and was made to come into immediate operation to facilitate this requirement. Each candidate was entitled to appoint one scrutineer who would be present throughout the inquiry and receive an allowance for their attendance. The scrutineers had specific duties, including making records of any instances of multiple voting and reporting such findings to the appointing candidate only after the conclusion of the inquiry. The regulation also required scrutineers to make a declaration before the commencement of the inquiry, promising to comply with the obligations imposed upon them.
Scope and Application
The Provisional Regulation under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912 applies specifically to candidates participating in the contested elections for the House of Representatives held on 31 May 1913. This legislation allows each candidate to appoint one scrutineer to observe the inquiry process throughout its duration. The scrutineer, upon complying with the Regulation's requirements, is entitled to an allowance of One pound one shilling for each eight-hour day they attend. The scrutineer's role is to record any instances of double voting, though they must keep this information confidential until the inquiry concludes and can only disclose it to the appointing candidate. The Divisional Returning Officer is responsible for setting the inquiry's start date and must provide candidates with at least three days' notice via telegram. The scrutineer must also sign a declaration confirming their understanding and agreement to adhere to the obligations outlined in the Regulation.
Key Provisions
The key provisions of the Provisional Regulation under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912, as established in Regulation 24b, allow candidates for contested elections held on the 31st of May, 1913, to appoint scrutineers (section 24b(1)). These scrutineers are entitled to an allowance of one pound one shilling for each day of eight hours they attend the inquiry. The role of the scrutineer includes monitoring the inquiry to ensure compliance with electoral laws, particularly checking for multiple voting by individuals on certified lists of voters (section 24b(2)). Scrutiners must keep their observations confidential until the inquiry concludes, at which point they can only disclose the information to the candidate who appointed them (section 24b(2)). Furthermore, scrutineers are prohibited from disclosing any other official information they might acquire during their duties (section 24b(2)). The Divisional Returning Officer is responsible for setting the date for the commencement of the inquiry and must notify candidates of this date at least three days in advance via telegram (section 24b(3)). Prior to the inquiry, each scrutineer must make a formal declaration, affirming their commitment to adhere to the obligations outlined in Regulation 24b (section 24b(4)).
The Provisional Regulation imposes several obligations on candidates and scrutineers. Candidates are mandated to appoint scrutineers in writing or via telegram and must ensure that these scrutineers receive the stipulated allowance for their attendance (section 24b(1)). The scrutineers, in turn, are required to attend the inquiry, record any instances of multiple voting, and maintain the confidentiality of their observations until the inquiry concludes (section 24b(2)). Additionally, scrutineers must sign a declaration affirming their understanding and acceptance of their obligations under Regulation 24b before participating in the inquiry (section 24b(4)). The Divisional Returning Officer has the duty of setting the inquiry date and providing adequate notice to the candidates (section 24b(3)). Failure to adhere to these obligations could lead to procedural issues during the election process.
Breach of the obligations outlined in the Provisional Regulation can result in consequences. While specific offences and penalties are not detailed in the regulation itself, it is implied that non-compliance with the scrutineer's duties, such as improperly disclosing information or failing to attend the inquiry, could lead to electoral disputes or other legal ramifications. The regulation's focus on maintaining the integrity of the electoral process suggests that serious breaches could potentially result in legal action, including civil or criminal penalties, although the exact penalties are not specified within this document. The emphasis is on ensuring the proper conduct of scrutineers and the overall fairness of the election process.