STATUTORY RULES.
1909. No. 131.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH ELECTORAL ACTS 1902-1905
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 Acts 1902-1905 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 25th day of November, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
GEORGE W. FULLER,
Minister of State for Home Affairs.
Notice to person whose name has been omitted from a Subdivision Roll on the preparation of new Rolls.
6a. Where in the preparation of new Rolls the name of any person, whose name was on the Roll for any Subdivision immediately prior to the preparation of the New Rolls, has been omitted from the new Roll for that Subdivision, on the ground that he was not then living in that Subdivision, the Commonwealth Electoral Officer for the State may, as soon as practicable after the preparation of the Roll has been completed, give him written notice of the omission, and shall in the notice give such directions as he thinks fit to enable him to have his name enrolled if he is so entitled.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.14600.—Price 3d
Overview
The Provisional Regulation under the Commonwealth Electoral Acts 1902-1905, enacted in 1909, was introduced to address the issue of ensuring that individuals whose names had been inadvertently omitted from the electoral rolls were given an opportunity to rectify the omission. The regulation was issued by the Governor-General in Council, and it aimed to provide a procedural mechanism for affected individuals to have their names enrolled if they were indeed eligible. The policy objective of this regulation was to uphold the integrity of the electoral process by ensuring that eligible voters were not disenfranchised due to administrative errors in the preparation of new electoral rolls.
This regulation allows the Commonwealth Electoral Officer to notify individuals whose names have been omitted from the rolls and provides them with clear directions on how to have their names re-enrolled, thus maintaining the inclusiveness and fairness of the electoral system.
Scope and Application
The Provisional Regulation under the Commonwealth Electoral Acts 1902-1905 applies to individuals whose names have been inadvertently omitted from the new electoral rolls during the preparation process. Specifically, it concerns those whose names appeared on the previous electoral roll for a given subdivision but have been omitted from the new roll because they were not residing in that subdivision at the time of preparation. The regulation mandates that the Commonwealth Electoral Officer for the State must promptly provide these individuals with written notice of the omission. This notice is intended to ensure that the affected individuals are informed and can take necessary steps to rectify the situation, if they are indeed entitled to be included in the electoral roll. The regulation applies across the Commonwealth of Australia, reflecting the federal scope of electoral processes. The regulation does not specify any exclusions or exemptions, but its application is inherently limited to those specific circumstances where a person’s name has been omitted due to residency status. The regulation also extends its application through the issuance of subordinate instruments which provide further directives and procedures for implementation.
Key Provisions
The Provisional Regulation under the Commonwealth Electoral Acts 1902-1905 outlines several key provisions aimed at ensuring the accuracy and completeness of electoral rolls. Section 6a (subsection 6(a)) addresses situations where individuals whose names were on previous electoral rolls are inadvertently omitted from new rolls, due to their not being residents in the subdivision at the time of the roll preparation. This section mandates that the Commonwealth Electoral Officer for the state must provide written notice to the affected individuals, informing them of the omission and providing directions on how they can have their names enrolled if they are indeed eligible.
The Regulation imposes specific obligations on the Commonwealth Electoral Officers. They are required to act promptly once the new electoral rolls are prepared and must notify individuals whose names have been omitted due to residency issues. This notification must be in writing and should include clear directions on the steps necessary for these individuals to rectify the omission and re-enrol if they meet the eligibility criteria. The intent is to ensure that no eligible voter is disenfranchised due to administrative oversights.
Failure to comply with the provisions of this Regulation could have legal implications. While the specific offences and penalties are not detailed within this legislative instrument, under the broader framework of the Commonwealth Electoral Acts, breaches of electoral laws can result in both criminal and civil consequences. Typically, these might include fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties would be in line with those prescribed in the primary legislation and any relevant amendments or subsidiary legislation.