STATUTORY RULES.
1915. No. 219.
PROVISIONAL REGULATIONS 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 Regulations 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 Provisional Regulations.
Dated the third day of November, One thousand nine hundred and fifteen.
R. M. FERGUSON.
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
For Minister of State for Home Affairs.
Amendment of the Electoral and Referendum Regulations
(Statutory Rules 1915 No. 154).
1. Regulation 22 of the Electoral and Referendum Regulations is amended—
(a) by inserting in paragraph (i) of sub-regulation (1) thereof, after the words “such by-election is being held”, the words, “or, if he satisfies the Registrar that he is a member of the Expeditionary Forces, before an Electoral Registrar at his office at a Commonwealth Military Camp,”;
(b) by inserting in sub-regulation (4) thereof, after the words “he is enrolled.”, the words “Where a referendum is held on the same day as a by-election for the House of Representatives, any reference in the form of declaration, to the referendum shall as regards any elector of the Division in respect of which the by-election is being held be construed as including a reference to that election.”; and
(c) by adding at the end of sub-regulation (12) the words “or it may be in accordance with the form headed ‘Regulation 22 (12a)’ in the Schedule.”.
2. The Schedule to the Electoral and Referendum Regulations is amended by inserting after the form headed “Regulation 22(12)” the following form:—
“Regulation 22 (12a.)
Absent Vote.
ballot-paper.
Commonwealth of Australia.
State of (here insert name of State).
Electoral Division of (here insert name of Division).
Election of One Member of the House of Representatives.
Directions.
The elector should retire alone to an unoccupied compartment of the booth, and there, in private, mark his vote on this ballot-paper by writing on it the name of the candidate for whom he votes, and shall fold the ballot-paper so that the vote cannot be seen, and return it to the Presiding Officer before whom he made his declaration. The presiding officer will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, securely fasten the envelope, and deposit it in the ballot-box.
The elector must vote for one candidate only.
The elector will here write
the name of the candidate
for whom he votes.” ..........................................................
Printed and published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C 15386.—Price 3d.
Overview
The Provisional Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912 were enacted in 1915 to address the immediate need for updated regulations due to the urgency of the circumstances at the time, particularly in light of the First World War. The regulations were made under the authority of the Governor-General, acting with the advice of the Federal Executive Council, to ensure they could come into immediate operation. The policy objective was to facilitate the voting process for electors, particularly those who were members of the Expeditionary Forces, by allowing them to vote at military camps and by providing a secure method for casting their votes.
The regulations amended the Electoral and Referendum Regulations to include provisions that allowed members of the Expeditionary Forces to vote at Commonwealth Military Camps, provided a specific form for absentee voting, and clarified the procedure for voting in both a referendum and a by-election held on the same day. These changes aimed to ensure that all eligible voters, including those serving in the military, could exercise their democratic rights effectively and securely. The regulations thus addressed the logistical and procedural challenges posed by the wartime context, ensuring that the electoral process remained as inclusive and efficient as possible under the circumstances.
Scope and Application
The Provisional Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912 provide temporary amendments to existing electoral and referendum regulations, addressing specific circumstances related to the conduct of elections and referendums during a period of urgency, such as a military conflict. These regulations apply to all persons involved in the electoral process, including electors, electoral officers, and other officials responsible for conducting elections and referendums within the Commonwealth. The scope of the regulations extends nationally across Australia, impacting electoral processes in all states and territories. Notably, the regulations introduce special provisions for members of the Expeditionary Forces, allowing them to vote at Commonwealth Military Camps if they are serving overseas. The regulations also address the simultaneous holding of by-elections and referendums by ensuring that referendum declarations include references to the relevant election. The amendments are effective immediately as provisional regulations, underscoring the urgency of these changes in the context of an ongoing national crisis.
Key Provisions
The Statutory Rules 1915 No. 219, titled "Provisional Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912," introduce amendments to the existing Electoral and Referendum Regulations. Regulation 22, in particular, is amended in several ways. Firstly, paragraph (i) of sub-regulation (1) is updated to allow members of the Expeditionary Forces to vote before an Electoral Registrar at a Commonwealth Military Camp if they satisfy the Registrar (1(a)). Secondly, sub-regulation (4) is modified to ensure that if a referendum is held concurrently with a by-election, the reference to the referendum in the form of declaration includes a reference to that election (1(b)). Lastly, sub-regulation (12) is extended to include a new form, "Regulation 22 (12a)" (1(c)), which outlines the procedure for casting an absent vote.
These regulations impose specific obligations on the Electoral Registrars and the electors. Electoral Registrars are required to facilitate voting for members of the Expeditionary Forces at Commonwealth Military Camps, ensuring that these members satisfy the Registrar (1(a)). Additionally, Registrars must ensure that the forms of declaration used during concurrent referendums and by-elections are appropriately interpreted to include references to both events (1(b)). Electors, on the other hand, must follow the detailed instructions provided in the new "Regulation 22 (12a)" form when casting an absent vote, ensuring their vote is private, correctly marked, and securely deposited (1(c)).
The Statutory Rules also outline the consequences for breaches of these regulations. While specific offences, penalties, or consequences are not detailed within the excerpt, it is implied that non-compliance with the regulations could lead to invalid votes or other electoral irregularities. Typically, such breaches might result in administrative penalties, the potential for recounts, or legal challenges in electoral outcomes. Given the nature of electoral regulations, severe breaches could potentially incur civil or criminal penalties, although these are not explicitly mentioned in the provided text.