COMMONWEALTH ELECTORAL (WAR-TIME).
No. 14 of 1944.
An Act to amend the Commonwealth Electoral (War-time) Act 1940–1943.
[Assented to 5th April, 1944.]
[Date of commencement, 3rd May, 1944.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Electoral (War-time) Act 1944.
(2.) The Commonwealth Electoral (War-time) Act 1940–1943 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral (War-time) Act 1940–1944.
Members of the Forces entitled to vote.
2. Section six of the Principal Act is amended by inserting in sub-section (2.) after the word “means”, the words “a person who, being a British subject, is—”.
List of candidates to be posted.
3. Section ten a of the Principal Act is amended—
(a) by inserting, after the words “(if any)”, the words “or, in the case of a Referendum, of the text of the proposed law”; and
(b) by adding at the end thereof the words “or, in the case of a Referendum, to the copy of the text of the proposed law”.
4. After section twenty-three a of the Principal Act the following section is inserted:—
Certain accredited persons and persons engaged on merchant vessels may vote as if they were members of the Forces
“23aa. Notwithstanding anything contained in this or any other Act—
(a) an accredited war correspondent, photographer or member of a broadcasting unit, or a person engaged in providing amenities or welfare services for members of the Forces or performing services for the Defence Force or any part thereof; or
(b) a person engaged in sea-going service on a merchant vessel, whose ordinary place of residence is in Australia and who is a British subject not under the age of twenty-one years and not subject to any of the disqualifications set out in section thirty-nine of the Common- wealth Electoral Act 1918–1940 and who is outside Australia or in Australia north of the twenty-sixth parallel of South Latitude may, at any place where arrangements have been made for members of the Forces to record their votes, vote in accordance with the provisions of this Act, in so far as those provisions are applicable, as if he were a member of the Forces:
Provided that, in the case of a person referred to in paragraph (a) of this section, the functions of a commanding officer and of a commissioned officer as set out in Part II. of this Act may be performed respectively by the commanding officer and the commissioned officers designated by the commanding officer of the unit which that person is accompanying or with which he is associated for the time being:
Provided also that, in the case of a person engaged in sea-going service on a merchant vessel, the functions of a commanding officer and of a commissioned officer as set out in Part II. of this Act may be performed respectively by the captain or other person in charge of the vessel and by any person designated by him.”.
Overview
The Commonwealth Electoral (War-time) Act 1944 was enacted by the Parliament of Australia to address the challenges of conducting elections during wartime conditions. This Act amended the Commonwealth Electoral (War-time) Act 1940–1943, extending voting rights to members of the armed forces and certain other categories of people affected by the war. The overarching policy objective was to ensure that Australian citizens serving in the armed forces and those directly impacted by the war effort could still participate in the democratic process despite their circumstances. The Act expanded the definition of who could vote to include individuals who might otherwise have been unable to do so, reflecting the special circumstances of the time.
Scope and Application
The Commonwealth Electoral (War-time) Act 1944 amends the Commonwealth Electoral (War-time) Act 1940–1943 to adjust voting rights during the war period. It specifically applies to British subjects who are members of the armed forces and certain accredited war correspondents, photographers, members of broadcasting units, and individuals providing amenities or welfare services for members of the Forces, or performing services for the Defence Force. Additionally, it extends voting rights to British subjects under twenty-one years who are engaged in sea-going service on merchant vessels, provided they are outside Australia or in Australia north of the twenty-sixth parallel of South Latitude. The Act allows these individuals to vote as if they were members of the Forces, subject to certain provisions and disqualifications outlined in the Commonwealth Electoral Act 1918–1940. The Act's application is limited to those who meet the specified criteria and does not extend to individuals who are subject to the disqualifications mentioned. The Act also specifies that the functions of commanding officers and commissioned officers may be performed by designated individuals in certain circumstances.
Key Provisions
The Commonwealth Electoral (War-time) Act 1944 amends the Commonwealth Electoral (War-time) Act 1940–1943 in several significant ways. Firstly, section two of the Act clarifies that the term "British subject" includes individuals who are British subjects but are serving in the forces (section 6(2) of the Principal Act). Secondly, section three modifies section ten a of the Principal Act to ensure that the list of candidates, or in the case of a referendum, the text of the proposed law, is posted as required (section 10a of the Principal Act). The Act also introduces a new section, section 23aa, which allows certain accredited persons and those engaged on merchant vessels to vote as if they were members of the forces. This includes accredited war correspondents, photographers, members of broadcasting units, and individuals providing amenities or welfare services for the forces or performing services for the Defence Force (subsection 23aa(a)). Additionally, individuals engaged in sea-going service on a merchant vessel, who meet specific criteria, can also vote under this provision (subsection 23aa(b)).
The obligations and requirements imposed by this Act on the parties and entities it governs include ensuring that the lists of candidates and, in the case of a referendum, the text of the proposed law, are properly posted as per the amended provisions (section 10a of the Principal Act). Furthermore, the Act requires that the functions of a commanding officer and a commissioned officer, as outlined in Part II of the Act, are performed by the appropriate individuals for those permitted to vote under section 23aa. For accredited war correspondents, photographers, or members of broadcasting units, these functions are to be performed by the commanding officer and commissioned officers designated by the commanding officer of the unit they are accompanying or associated with (subsection 23aa(a)). For those engaged in sea-going service on a merchant vessel, the functions are to be performed by the captain or other person in charge of the vessel and any person designated by them (subsection 23aa(b)).
Breach of the provisions of this Act can lead to various civil and criminal consequences, although specific penalties are not detailed within the text of the Act. The Act, however, aligns with the broader Commonwealth Electoral Act 1918–1940, which outlines disqualifications for voting and electoral offences, implying that similar consequences could apply. These might include fines, imprisonment, or other penalties as prescribed by the relevant electoral laws, depending on the nature and severity of the breach. It is essential for individuals and entities governed by this Act to adhere to the outlined provisions to avoid any potential legal ramifications.