Commonwealth Electoral and Referendum Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1911 No. 48, enacted as a Provisional Regulation under the Commonwealth Electoral Act 1902-1909 and the Referendum (Constitution Alteration) Act 1906-1909, addresses the need to maintain neutrality in the electoral process by prohibiting the placement of words, marks, or signs on postal vote applications that connect the form with any person, association, or organisation other than the applicant or an official. The urgency and immediate effect of this regulation were necessitated by the Governor-General, acting on the advice of the Federal Executive Council, to ensure the integrity and impartiality of the electoral process. The policy objective behind this regulation is to prevent any form of bias or influence that could arise from the association of electoral materials with specific entities, thereby upholding the democratic principle of a free and fair election. This legislative instrument, issued by the Governor-General and endorsed by the Minister of State for Home Affairs, King O’Malley, aims to reinforce the impartiality of the electoral process by strictly controlling the content of postal vote applications. The penalty for non-compliance is a fine of five pounds, with the Divisional Returning Officer mandated to decline any application that contravenes this regulation. This ensures that the electoral process remains free from undue influence and maintains public confidence in the electoral system.

Scope and Application

The Provisional Regulation under the Commonwealth Electoral Act 1902-1909 and the Referendum (Constitution Alteration) Act 1906-1909 targets all individuals who apply for a postal vote certificate and postal ballot-paper. It mandates that no word, mark, or sign should be placed on any application or form of application that connects the form with or suggests its association with any person, other than the applicant or an official, or with any association or organisation. This applies to the entire Commonwealth of Australia, thus it has a national jurisdictional reach. The regulation aims to ensure neutrality and impartiality in the electoral process, specifically concerning postal voting applications. The penalty for non-compliance is a fine of five pounds, and a Divisional Returning Officer is mandated to decline to receive or act on any application that violates this provision. The regulation extends its application through the amendment of the existing Electoral and Referendum Regulations, ensuring that it is enforced uniformly across the country.

Key Provisions

The key operative sections of the Statutory Rules 1911 No. 48, under the Commonwealth Electoral Act 1902-1909 and the Referendum (Constitution Alteration) Act 1906-1909, primarily concern the regulation of application forms for postal vote certificates and postal ballot papers. Regulation 17k(1) stipulates that no individual may place on any application form any word, mark, or sign that connects or suggests a connection with any person (other than the applicant or an official) or any association or organisation. Regulation 17k(2) mandates that a Divisional Returning Officer must refuse to accept or process any application form that contains such words, marks, or signs. This Provisional Regulation imposes clear obligations on the parties involved. Individuals applying for a postal vote certificate and postal ballot paper must ensure that their application forms do not include any extraneous words, marks, or signs that might connect or suggest an affiliation with any person or organisation other than themselves or an official. The Divisional Returning Officers are required to carefully inspect each application to confirm that it adheres to this provision, declining any form that violates the regulation. The Act also outlines consequences for breaches of these provisions. Regulation 17k(1) specifies a penalty of five pounds for any individual who contravenes the rule by placing prohibited words, marks, or signs on an application form. Furthermore, Regulation 17k(2) mandates that Divisional Returning Officers must not process any form that includes these prohibited elements, thereby ensuring the integrity of the electoral process by preventing any form of undue influence or bias in the application process.