STATUTORY RULES.
1919. No. 285.
REGULATIONS UNDER THE COMMONWEALTH ELECTORAL (WAR-TIME) ACT 1917-1919.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral (War-time) Act 1917-1919, to come into operation forthwith.
Dated this sixth day of December, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. A. WATT,
for Minister of State for Home and Territories.
Amendment of the Commonwealth Electoral (War-time) Regulations.
(Statutory Rules 1917, No. 74, as amended by Statutory Rules 1917, No. 86, by Statutory Rules 1919, No. 259.)
1. The Commonwealth Electoral (War-time) Regulations are amended by inserting therein after regulation 9, the following regulation:—
Saving of certain proceedings.
“9a. (1) Notwithstanding anything contained in these Regulations, if—
(a) a returned member of the Forces who is eligible to be enrolled as an elector of the Commonwealth, but is not so enrolled, applies or has before the commencement of this regulation applied to any other District Commandant for the certificate specified in regulation 3 of these Regulations; and
(b) the District Commandant being satisfied that the particulars set forth in the application are correct issues or has issued a certificate in accordance with Form 2; and
(c) a Commonwealth Electoral Officer indorses or has indorsed on the certificate the name of the Division and State for which the applicant is entitled to vote, then—
(d) the application shall not be disallowed by reason only that the application was not made to the District Commandant of the District in which the place of residence of the applicant as shown in the Nominal Roll kept by the Department of Defence or Department of the Navy, as the case may be, is situate;
(e) the certificate shall not be disallowed by reason only that it is not issued by the District Commandant of the District in which the place of residence of the applicant as shown in the Nominal Roll kept by the Department of Defence or Department of the Navy, as the case may be, is situate; and
(f) the indorsement shall not be disallowed by reason only that it is not indorsed by the Commonwealth Electoral Officer for the State in respect of which the applicant is entitled to vote.
“(2) Notwithstanding anything contained in these Regulations—
(a) an application for a postal vote certificate and postal ballot-paper; and
(b) a postal vote certificate
made or issued in pursuance of these Regulations which is witnessed by a person who is or has been an officer of the Commonwealth Naval or Military Forces, shall not be disallowed by reason only that it is not witnessed by an authorized witness in accordance with Form 1.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1919, No. 285 amends the Commonwealth Electoral (War-time) Regulations to address issues faced by returned members of the Australian Defence Forces who were eligible to vote in federal elections but faced difficulties in the electoral process due to their military service. Enacted by the Governor-General in Council, the amendment seeks to ensure that these individuals can participate in the electoral process by allowing applications for voting certificates to be processed through different District Commandants and permitting certain applications to be witnessed by military officers rather than requiring witnesses to be authorised under Form 1. This legislative instrument underscores the policy objective of facilitating the participation of service members in democratic processes despite the disruptions caused by wartime conditions.
Scope and Application
The Commonwealth Electoral (War-time) Regulations made under the Commonwealth Electoral (War-time) Act 1917-1919 apply to returned members of the forces who are eligible to be enrolled as electors of the Commonwealth but are not so enrolled. These regulations specifically address the procedural requirements for such members to obtain a certificate for voting purposes and ensure that certain applications and certificates are not disallowed on technical grounds. For instance, the regulations permit a returned member to apply for a voting certificate from any District Commandant rather than only the one in the district where they reside, provided they meet the eligibility criteria and the District Commandant issues the certificate in accordance with the specified form. Additionally, these regulations allow postal vote applications and certificates to be witnessed by an officer of the Commonwealth Naval or Military Forces, bypassing the need for an authorised witness as outlined in Form 1, provided the witness has been a member of the forces. These regulations apply nationally across Australia, extending the jurisdictional reach of the Commonwealth Electoral Act during the war-time period.
Key Provisions
The Commonwealth Electoral (War-time) Regulations, amended by the Statutory Rules 1919, No. 285, introduce specific provisions to accommodate returned members of the Forces who are eligible to be enrolled as electors but are not currently enrolled. Regulation 9a(1) ensures that such applications for a certificate will not be disallowed if they are submitted to any other District Commandant rather than the one in the district of residence as shown in the Nominal Roll. This regulation also permits the issuance of a certificate by any District Commandant, not just the one in the applicant's residential district, provided the Commandant is satisfied with the application details. Furthermore, it allows the Commonwealth Electoral Officer to endorse the certificate with the appropriate division and state for which the applicant is entitled to vote, regardless of the officer's location.
These amendments place certain obligations on the District Commandants and Commonwealth Electoral Officers to process applications and issue certificates in a flexible manner, ensuring that service members' electoral rights are not unduly restricted by administrative technicalities. The District Commandant must verify the accuracy of the application details before issuing a certificate, and the Commonwealth Electoral Officer must correctly endorse the certificate with the relevant electoral information. These roles are critical to facilitating the electoral participation of service members during wartime.
Breaches of these regulations may not explicitly outline specific penalties within the statutory rules, but failure to adhere to the outlined procedures could lead to disenfranchisement of eligible voters, which could have broader electoral implications. The intent of these regulations is to ensure that service members' electoral rights are protected and that they can participate in the democratic process without unnecessary barriers.