Commonwealth Electoral and Referendum Regulations (Amendment) (Provisional)

Legislation au C1910L00064 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1910. No. 64.

 

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1909.

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 Regulations under the Commonwealth Electoral Act 1902-1909 should come into immediate operation and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated the twenty-eighth day of June, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

KING O’MALLEY,

Minister of State for Home Affairs.

 

Electoral Regulations.

1. Paragraph (II.) of Regulation 2 of the Electoral Regulations (Statutory Rules 1910, No. 2) is amended by omitting the words “30th day of June, 1910,” and inserting in lieu thereof the words “31st day of December, 1910.”

2. After Regulation 6a of the Electoral Regulations (Statutory Rules 1910, No. 2) the following Regulation is inserted: —

“Combined, Form of Claim for Enrolment, Transfer, or Change.

6aa. (1.) A claim for enrolment under section 56, an application to transfer under section 59, and an application to change under section 61a may be in accordance with the following combined form:—

(Front of Form)

COMMONWEALTH OF AUSTRALIA

The Commonwealth Electoral Act 1902-1909.

Electoral Claim.

To the Electoral Registrar

for the Subdivision of ..................................................

Division of ....................................................

State of .......................................................

1. I am an inhabitant of Australia and have lived therein for six months continuously.

2. I claim to have my name placed on the Electoral Roll for the Subdivision of.............in which I now live and have lived for a period of not less than one month immediately preceding the date of this claim.

3. I am not under the age of 21 years.

4. I am a natural-born or naturalized subject of the King.

5. I am not disqualified from voting.

6. My name is on the Electoral Roll for*............................................

* Here insert the name of the Subdivision and Division, or if not already enrolled insert the words “no other Subdivision.”

C.8419.—Price 3d.


I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.

Personal Signature of Claimant..............................................

Dated the...................day of.....................19 .

I the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named Claimant sign the above claim.

Witness to signature......................................................

Occupation.............................................................

Place of Living .........................................................

Any person who witnesses the signature of the Claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the Claimant or otherwise that the statements contained in the Claim are true, is guilty of an offence, and liable to a penalty of £50.

The signature of the Claimant must be his personal signature. It unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.”

(Back of Form.)

Particulars for Enrolment.

Surname ..................................................

Christian Names.............................................

(In full)

Place of Living .............................................

(Full postal address)

...........................................

Occupation...................Sex ..........................

Personal Signature of Claimant ..................................

The particulars within this space are to be filled in by the Electoral Registrar.

Received (date)......................................

Registered (date).....................................

Acknowledged (date)..................................

Initials of Registrar...................................

 

(II.) The witness to the signature of the Claimant must be an elector or a person qualified to be an elector of the Commonwealth.”

3. Regulation 9 of the Electoral Regulations (Statutory Rules 1910, No. 2) is repealed, but the form prescribed by that Regulation may continue to be used until the 31st day of December, 1910.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

Statutory Rules 1910, No. 64, known as the Provisional Regulations under the Commonwealth Electoral Act 1902-1909, were enacted to address the need for urgent amendments to the existing electoral regulations. This legislative instrument was issued by the Governor-General in Council, acting on the advice of the Federal Executive Council, and was promulgated due to the urgency of the required changes. The primary purpose of these regulations was to streamline the process of electoral enrolment, transfer, and change applications by introducing a combined form for these claims, as well as to extend the deadline for certain enrolment-related activities. This was achieved by amending existing regulations and introducing new ones, all of which were designed to ensure compliance with the Commonwealth Electoral Act 1902-1909 while accommodating the immediate needs of the electoral process.

Scope and Application

The Provisional Regulations under the Commonwealth Electoral Act 1902-1909 apply to individuals who are eligible to be enrolled as voters in Australian federal elections. This includes all Australian citizens who are 18 years or older, subject to certain disqualifications such as being an undischarged bankrupt or having been convicted of certain offences. The Regulations govern the processes and requirements for enrolment, transfer, and changes to voter details, which are integral to ensuring that the electoral roll is accurate and up-to-date. The Regulations have a national reach across the Commonwealth of Australia, affecting all federal electoral divisions and subdivisions. They extend to modify and streamline the forms and procedures for enrolment, transfer, and change applications, as well as the role and responsibilities of witnesses to the claimant's signature. The Regulations also include provisions for the use of existing forms until a specified date, ensuring a smooth transition to the new combined form. The scope of the Regulations is further defined and potentially extended through subordinate instruments, allowing for adjustments and clarifications as necessary.

Key Provisions

The key provisions of these Provisional Regulations under the Commonwealth Electoral Act 1902-1909 include amendments to existing regulations and the introduction of a new combined form for claims for enrolment, transfer, or change (Reg. 1, 2). Regulation 1 amends the date for certain actions to be completed by extending it to 31st December 1910 (Reg. 1(1)). Regulation 2 introduces a new Regulation 6aa, which provides a standardised combined form for claims related to enrolment, transfer, or change of electoral details, and specifies the requirements for this form including the need for a witness to the claimant's signature (Reg. 2(1)). Regulation 3 repeals Regulation 9, but allows the form prescribed by that regulation to continue in use until 31st December 1910 (Reg. 3). These regulations impose several obligations on the parties involved. Firstly, the Electoral Registrar is required to receive, register, and acknowledge claims in accordance with the prescribed forms (Reg. 2(1)). Secondly, claimants must provide accurate personal information and must be witnessed by an elector or a person qualified to be an elector when signing the claim form (Reg. 2(1)). Thirdly, the witness to the claimant's signature must be personally acquainted with the claimant or satisfy themselves by inquiry that the statements in the claim are true (Reg. 2(1)). Failure to adhere to these requirements could result in invalid claims. Any person who witnesses the signature of the Claimant without being personally acquainted with the facts or without satisfying themselves by inquiry that the statements in the claim are true commits an offence and is liable to a penalty of £50 (Reg. 2(1)). This penalty is a direct consequence of breaching the specified requirements for witnessing a claimant’s signature, which is a critical step in the enrolment or transfer process. This highlights the importance of ensuring that all parties involved in the electoral process comply with the prescribed regulations to avoid legal repercussions.

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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.