Commonwealth Electoral and Referendum Regulations (Amendment) (Provisional)

Legislation au C1914L00074 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1914. No. 74.

______________

 

PROVISIONAL REGULATION UNDER THE COMMON-

WEALTH 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, do 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 19th day of June, One thousand nine hundred and fourteen.

 

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. H. McCOLL,

For Minister of State for Home Affairs.

_____________

 

Regulation 22 of the Electoral and Referendum Regulations (Statutory Rules 1912, No. 161) is amended as follows:—

(1) by adding at the end of paragraph (ii.) of sub-regulation (1) the following words:—

“, and provided further, and it is hereby declared, that the privilege of voting at a polling place as an absent voter is dependent upon the arrangements of the polling place, at which the elector claims to vote as an absent voter, being such as to enable the vote to be recorded without interference with the rights of the electors enrolled for the subdivision for which the polling place is prescribed”; and

(2) by omitting from sub-regulation (4) thereof the form of absent voter’s declaration to be made before a Presiding Officer

C.7241.—Price 3d.


on polling day by an elector voting at a polling place in the Commonwealth other than a polling place prescribed for the subdivision for which he is enrolled, and inserting in its stead the following form:—

 

(B)

Commonwealth of Australia.

State of—

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

Absent Voter’s Declaration to be made before a Presiding Officer on Polling day by an Elector Voting at a Polling Place in the Commonwealth, other than a Polling Place Prescribed for the subdivision in which he is enrolled

I declare that I am the person enrolled as—

Surname.

Christian Name full length.

Place of Living (as appearing on roll)

Occupation.

 

 

 

 

on the Electoral Roll for the Subdivision of the Electoral Division of       ,in the State of              , that I have not been and shall not be today within the Subdivision for which I am enrolled under conditions which would permit of my voting at any polling place prescribed for that Subdivision, and that I have not voted at this or any other polling place or before an Electoral Registrar at the election being held this day, and I promise and declare that if I am permitted to vote at this polling place as an absent voter I will not again vote at this election.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully make any false statement in this declaration, I will be prosecuted, and am liable to two years imprisonment.

Note. — “Election” in this declaration means a Senate Election, of a House of Representatives Election or any Referendum held under the provision of the Referendum (Constitution Alteration) Act in force for the time being), or all of them as the case requires.

Personal Signature of Elector.

Signed before me the day of , 19        ,

at polling place,

Presiding Officer.

Directions.

1. This form of declaration must, after being filled up, be signed by the elector with his personal signature in the presence of the Presiding Officer and than be completed and attested by the Presiding Officer.

2. The Presiding Officer shall than (subject to the provisions of Regulation 22) initial and hand to the elector—

(a) one ballot-paper (headed “Absent Vote”) for the Senate election for the State for which the elector claims to vote; and

(b) one ballot-paper (headed “Absent Vote”) for the House of Representatives election for the Division for which the elector claims to vote; and

(c) one ballot-paper (headed “Absent Vote”) for each Referendum for the State for which the elector claims to vote;

held on the date upon which this declaration is made.


3. The elector will then forthwith—

(i.) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote in the manner directed on each ballot-paper handed to him;

(ii.) fold each ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper or ballot-papers so folded to the Presiding Officer before whom he made the declaration.

4. The Presiding Officer will see that he receives from the elector each ballot-paper duly folded, and will, if necessary for purposes of identification, request the elector to again state his name. He will then, without unfolding the ballot-paper or ballot-papers, forthwith in the presence of the elector, enclose all the ballot-papers, received from that elector, in the envelope bearing the declaration of the elector and addressed to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled, securely fasten the envelope and deposit it in the ballot-box.

_____________________

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

Overview

The Statutory Rules 1914, No. 74, are provisional regulations enacted under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1912 by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations address the immediate need to update the electoral process concerning absent voting arrangements. The policy objective of these regulations is to ensure that the privilege of voting as an absent voter is contingent on the polling place's capacity to facilitate the voter's participation without infringing on the rights of enrolled electors within the relevant subdivision. This urgency-driven legislative instrument aims to provide clarity and structure to the voting process, particularly in the context of absent voting, while maintaining the integrity and fairness of the electoral system.

Scope and Application

The Provisional Regulation under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1912 primarily targets individuals eligible to vote in Commonwealth elections and referendums. Specifically, it governs the conduct of absent voters who wish to cast their ballots at polling places outside the subdivisions for which they are officially enrolled. This regulation ensures that the privilege of voting as an absent voter is contingent upon the polling place’s ability to facilitate voting without compromising the rights of electors enrolled for that specific subdivision. The regulation applies across the entire Commonwealth, reflecting its national jurisdiction. Notably, the regulation also includes an amendment to the form of the absent voter’s declaration, which must be signed and witnessed by a Presiding Officer at the polling place. While the regulation aims to streamline the process for absent voting, it does not specify any exclusions, exemptions, or thresholds that might restrict its application to certain categories of individuals or specific circumstances. The regulation’s scope is further extended or restricted through subordinate instruments as necessary.

Key Provisions

The legislative instrument, C1914L00074, amends the Electoral and Referendum Regulations, specifically Regulation 22, under the Commonwealth Electoral Act 1902-1911 and the Referendum (Constitution Alteration) Act 1906-1912. The main operative sections of this amendment (2) add a new condition to the privilege of voting as an absent voter, stipulating that it is contingent on the polling place's arrangement enabling the vote to be recorded without interfering with the rights of enrolled electors for that subdivision. Additionally, it replaces the form of the absent voter's declaration that must be made before a Presiding Officer on polling day with a new, detailed form. This new form requires the elector to declare, among other things, that they are not within their enrolled subdivision on polling day and promise not to vote again at this election if permitted to vote as an absent voter. The obligations imposed by this Act on the parties involved are quite specific. Absent voters must fill out and sign a declaration form in the presence of a Presiding Officer. This form must be completed accurately, with the elector attesting that they meet the criteria for voting as an absent voter. The Presiding Officer has the responsibility of ensuring that the elector receives the correct ballot papers, witnessing the elector mark their votes in private, and then securely handling the completed ballot papers. The Presiding Officer must not unfold the ballot papers, must request the elector to confirm their name if needed for identification, and must securely seal the envelope containing the declaration and ballot papers before depositing it in the ballot box. Failure to comply with the provisions of this Act can result in serious consequences. The Act explicitly states that any elector who falsely personates another person to secure a ballot-paper or wilfully makes a false statement in their declaration can be prosecuted. The penalty for such offences is imprisonment for up to two years. This stringent penalty underscores the importance of the integrity of the electoral process and the need for accurate and truthful declarations from electors.

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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.