STATUTORY RULES.
1913. No. 199.
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, 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 fourth 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.
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Statutory Rules 1912, No. 161, are amended by the insertion, after Regulation 24, of the following Regulation:—
24a. (1) For the purposes of any authorized official inquiry the Divisional Returning Officer may, if so directed by the Chief Electoral Officer, and in accordance with the instructions of the Chief Electoral Officer, open any parcel containing any certified list of voters used in his Division, or any certified copy of the Roll of the Division used at the scrutiny of absent votes, and may take out and examine the certified list or certified copy of the roll and take a copy thereof; and shall then forthwith replace the certified list or certified copy of the Roll in a parcel and fasten, seal, and indorse it as required by the Chief Electoral Officer.
(2) The Divisional Returning Officer shall not mark, alter, or in any way deface, or permit any other person to mark, alter, or deface, any list or copy of a Roll so taken out, and shall be responsible for every such list or copy of a Roll being replaced in the same condition as when it was taken out.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.9465.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912, numbered 199 of 1913, was enacted to address the urgent need to provide the necessary flexibility for authorised official inquiries within electoral processes. The regulation was introduced by the Governor-General, Denman, on the advice of the Federal Executive Council, and it aims to ensure that the Divisional Returning Officer can efficiently access and examine certified lists of voters and certified copies of electoral rolls for scrutinising absent votes. This legislative instrument allows for the preservation of the integrity and security of electoral documents while enabling necessary investigations to be conducted promptly. The regulation was issued as a Provisional Regulation due to its immediate operational necessity, reflecting the importance of maintaining electoral integrity and efficiency in the conduct of federal elections.
Scope and Application
The Provisional Regulation under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912 applies to the Divisional Returning Officers and the Chief Electoral Officer. It specifically governs the procedures for handling and examining certified lists of voters and certified copies of the electoral roll during an authorized official inquiry. The scope of the regulation is limited to the examination of these electoral documents under the direction of the Chief Electoral Officer, ensuring that any lists or copies taken out for scrutiny are returned in their original condition. The regulation is a Commonwealth measure, thereby applying across all states and territories in Australia. Notably, it does not specify any exclusions, exemptions, or thresholds, but the actions permitted under this regulation are strictly defined and controlled to maintain the integrity of the electoral process. The regulation's immediate operation as a Provisional Regulation underscores its urgency and necessity in the context of electoral management and official inquiries.
Key Provisions
The key operative section of this legislation (Regulation 24a) allows the Divisional Returning Officer to access and examine certified lists of voters or certified copies of the Roll of the Division under certain conditions. Specifically, this action is permitted if directed by the Chief Electoral Officer and in accordance with their instructions (24a(1)). The Returning Officer must handle these lists with care, ensuring they are replaced in the same condition as when they were taken out and are not marked, altered, or defaced in any way (24a(2)).
The Act imposes several obligations and requirements on the parties involved. The Divisional Returning Officer must comply with the directives of the Chief Electoral Officer, ensuring that any examination of the certified lists or copies of the Roll is conducted strictly in accordance with the provided instructions (24a(1)). Furthermore, the Returning Officer must maintain the integrity of these documents, refraining from any alterations or defacement and being responsible for their return in an unaltered state (24a(2)). This regulation ensures that the electoral process is transparent and that electoral records remain accurate and untampered.
In terms of consequences for non-compliance, the legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences within the provided excerpt. However, the directive to maintain the integrity of electoral records and the responsibility placed on the Returning Officer to ensure the lists are returned unaltered imply a strong obligation to comply. Breaches of these obligations could potentially lead to disciplinary actions or other consequences under broader electoral laws, though these are not detailed in the excerpt. The emphasis on the Returning Officer's responsibility suggests that failure to adhere to these requirements could undermine the electoral process and potentially lead to legal repercussions.