Commonwealth Electoral (War-time) Regulations (Amendment)

Legislation au C1917L00086 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1917. No. 86.

_______

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL (WAR-TIME) ACT 1917.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Commonwealth Electoral (War-time) Act 1917, to come into operation forthwith.

Dated this twelfth day of April, 1917.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

for Minister of State for Home and Territories.

_____________

Amendment of Commonwealth Electoral (War-time) Regulations.

(Statutory Rules 1917, No. 74.)

Amendment of Regulation 4.

1. Regulation 4 of the Commonwealth Electoral (War-time) Regulation is amended by adding at the end thereof the following sub-regulation:—

“(2) Notwithstanding anything contained in sub-regulation (1) of this Regulation, a form of declaration made by a member of the Forces serving outside Australia who claims to vote under Part II. of the Act shall not be treated as informal by reason only of any one or more of the following divergences from the form contained in that sub-regulation, namely:—

(a) the omission, from the body of the declaration, of the surname and Christian names at full length of the member, provided that there are added beneath the signature of the voter the words ‘(Full Christian names and surname)’;

(b) the omission, from sub-paragraph (ii) of paragraph (3) of the Directions of all words from and after the words ‘and addressed to the Commonwealth Returning Officer,’ provided they are inserted in the Directions issued by the Commonwealth Returning Officer to authorized witnesses; and

(c) the inserting on the form of declaration of the Australian address on military or naval enrolment and the State and (if known) the Commonwealth Electoral Division of the member of the Forces.”

C.4619.—Price 3d.


Amendment of Regulation 7.

2. Regulation 7 of the Commonwealth Electoral (War-time) Regulations is amended by inserting after the words “The Commonwealth Electoral Officer” (last occurring) the words “or an officer thereto authorized by him.”

Amendment of Regulation 11.

3. The, form contained in sub-regulation (1) of Regulation 11 of the Commonwealth Electoral (War-time) Regulations is amended as follows:—

(a) by inserting after the words “(here insert occupation)” the words “being enrolled as an elector of the Commonwealth ”;

(b) by inserting after paragraph (2) the following paragraph namely:—

“(3) The territory in which I was born became part of (here insert Germany or Austria, as the case-may be) after the date upon which I arrived in Australia”;

(c) by re-numbering the existing paragraph (3) as paragraph (4); and

(d) by adding to the form a note in the following words:—

“N.B.—In the case of a woman who was born in an enemy country and who became a naturalized British subject by virtue of her marriage with a natural-born or a naturalized British subject, paragraph (4) should be amended and the facts set out. The name of the husband and the date and place of marriage and a statement whether the husband is a natural-born or naturalized British subject, and, if naturalized, the date and place of naturalization should be given.”

Amendment of Regulation 12.

4. Regulation 12 of the Commonwealth Electoral (War-time) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4) The Divisional Returning Officer shall retain in his custody all applications made to or received by him in pursuance of the last preceding regulation.”

Amendment of Regulation 13.

5. The form contained in Regulation 13 of the Commonwealth Electoral (War-time) Regulations is amended as follows:—

(a) by inserting after the words “(here insert occupation)” the words “being enrolled as an elector of the Commonwealth”; and

(b) by adding to the form a note in the following words:—

“N. B.—In the case of a woman who was born in an enemy country and who became a naturalized British subject by virtue of her marriage with a natural-born or a naturalized British subject, paragraph (2) should be amended and the facts set out. The name of the husband, the date, and place of marriage and a statement whether the husband is a natural-born or naturalized British subject, and, if naturalized, the date and place of naturalization should be given.”


Amendment of Regulation 13.

6. Regulation 13 of the Commonwealth Electoral (War-time) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) Upon the issue by the District Commandant of a Military District or an officer thereto authorized by him, of a certificate pursuant to an application made under sub-regulation (1) of this Regulation, the Commandant or officer as the case may be shall forward the application for the certificate to the Commonwealth Electoral Officer for the State for retention by that officer.”

7. After Regulation 14 of the Commonwealth Electoral (War-time) Regulations the following Regulation is inserted:—

Retention of certificates produced to the Presiding Officer.

“14a.(1) Upon the production to a Presiding Officer on polling day of a certificate issued under Regulation 12 or Regulation 14 of these Regulations the Presiding Officer shall retain the certificate.

(2) All certificates retained by the Presiding Officer in pursuance of sub-regulation (1) of this Regulation shall, after close of the polling, he forwarded by the Presiding Officer to the Assistant Returning Officer for transmission to the Divisional Returning Officer by whom they shall be retained.”

_________________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Commonwealth Electoral (War-time) Regulations 1917, made under the Commonwealth Electoral (War-time) Act 1917, were introduced to address the challenges faced by service members overseas during World War I who wished to exercise their voting rights. Enacted by the Federal Executive Council acting with the advice of the Governor of the State of Victoria and its Dependencies, these regulations were designed to ensure that soldiers could still participate in federal elections despite the difficulties of war. The primary policy objective was to facilitate the voting process for members of the military serving outside Australia by accommodating specific wartime circumstances and ensuring that their votes were counted. This was achieved by modifying existing regulations to allow for certain flexibilities in the declaration forms and procedures, recognising the unique challenges faced by those serving in the forces.

Scope and Application

The Commonwealth Electoral (War-time) Regulations, as amended by Statutory Rules 1917, No. 86, apply to members of the Australian Defence Force serving outside Australia who wish to vote in federal elections during wartime. These regulations are instrumental in ensuring that such service members can exercise their democratic rights despite being deployed overseas. They outline specific conditions under which declarations made by these voters may still be considered valid despite minor discrepancies. The regulations extend to the entire Commonwealth of Australia and are enforced by the Commonwealth Electoral Officer or authorized officers, with the possibility of involvement from state-level electoral officers. The amendments primarily focus on the forms and processes for declarations and certificates required for voting, ensuring flexibility for soldiers who may not have all necessary documentation readily available. The regulations also include provisions for the retention and forwarding of these certificates to ensure proper electoral oversight. These amendments do not introduce any new exclusions or exemptions, but rather refine the existing processes to accommodate the unique circumstances of wartime.

Key Provisions

The Commonwealth Electoral (War-time) Regulations, as amended by Statutory Rules 1917, No. 86, introduce several key provisions to streamline and adapt the electoral process for members of the Forces serving outside Australia. Regulation 4(2) permits certain divergences in the form of declaration made by these members, allowing flexibility in the information required to be included. For instance, a member's full name can be omitted from the body of the declaration, provided it is added beneath the signature, and the Australian address on military or naval enrolment can be included on the form (Reg. 4(2)(a) and (c)). Regulation 7 is amended to allow an officer authorised by the Commonwealth Electoral Officer to handle certain duties, broadening the scope of authorised personnel (Reg. 7). Regulation 11 is modified to include additional details such as the territory of birth and its status at the time of arrival in Australia, and specifies how to detail the circumstances of a woman's naturalisation through marriage (Reg. 11(1)(b) and (3)). The form in Regulation 13 is also amended to incorporate occupation and enrolment status, and to specify details for women naturalised through marriage (Reg. 13(a) and note). Regulation 12 is further extended to require the Divisional Returning Officer to retain all applications made under the previous regulation (Reg. 12(4)). The Act imposes specific obligations on various parties involved in the electoral process. Members of the Forces are required to submit declarations that adhere to the amended forms, ensuring that minor discrepancies are overlooked provided certain conditions are met (Reg. 4(2)). The Divisional Returning Officer must retain all applications received under the regulations (Reg. 12(4)). Officers authorised by the Commonwealth Electoral Officer and District Commandants have specific responsibilities, such as forwarding applications for certificates to the appropriate authorities (Reg. 13(2)). Additionally, Presiding Officers on polling day must retain certificates produced by voters and forward them to the Assistant Returning Officer for further processing (Reg. 14a(1)-(2)). Non-compliance with the provisions of these Regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the Regulations themselves, breaches of electoral laws typically attract penalties under the broader legislative framework, which can include fines and imprisonment. For instance, knowingly providing false information in an electoral declaration could be considered a criminal offence, leading to significant penalties if prosecuted. It is essential for all parties involved to adhere to these Regulations to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Election Law
Instrument
Regulation
Concepts
Commencement Provisions
Amendment
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.